HomeMy WebLinkAbout03-22-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (30 minutes) Evaluation and Selection of Centennial Trail ATTACHMENT A
Alignment for the 67th Ave – Phase 3
2. (5 minutes) Kennedy-Jenks Change Order #5 – Services ATTACHMENT B
to Support Green Building Funding
3. (5 minutes) Acceptance of Utility Easements from EMJ LLC ATTACHMENT C
(aka American Boiler Works-ABW)
4. (5 minutes) Consideration of Notification of Intention ATTACHMENT D
to Annex 10% Petition, Hilltop Sports
5. (30 minutes) Review of AMC Title 12 ATTACHMENT E
6. (5 minutes) Distribution of AMC Title 13
EXECUTIVE SESSION
-(20 minutes) Consideration of real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)]
RECONVENE
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
March 22, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
March 22, 2010
SUBJECT: 67th Avenue, Phase 3
Rehabilitation Trail Selection
DEPARTMENT OF ORIGIN:
Public Works- Engineering
ATTACHMENTS:
None
EXPENDITURES REQUESTED: $0
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Council is requested to review the four trail alignments for the 67th
Ave – Phase 3 project and select a preferred alternative to include with the 30% deign.
HISTORY: The City of Arlington has completed Phases 1 & 2 of the 67th Ave project, this
work consisted of reconstructing 67th Ave and installing the Centennial Trail from
SR531 (172nd Pl NE) to 204th St NE. Phase III will complete the reconstruction of 67th
Ave and installation of the Centennial Trail from 204th Street NE to West Avenue.
With PSRC grant monies, the City contracted with HDR to develop several alternatives
for completing the Centennial Trail and widening the roadway. Two alternative trail
alignments were presented to the public at an open house on September 17, 2009. The
open house generated so much public input that two additional alternative trail
alignments were developed. At the second open house, March 3, 2010, all four
alternative trail alignments were presented to the public. The Council is being asked to
review the four trail alignments for the 67th Ave – Phase 3 project and select a preferred
alternative to include with the 30% deign.
ALTERNATIVES:
Remand to staff for further consideration.
RECOMMENDED ACTION:
No action is being requested at this time. Recommendation for action will be made at
the April 5, 2010 Council meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
March 22, 2010
SUBJECT: Kennedy/Jenks Consultants
Construction Management Contract
Amendment #5
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Contract Amendment #5 to Kennedy/Jenks Contract
EXPENDITURES REQUESTED: $7,200.00
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Approved by City Attorney
DESCRIPTION This is a change order to the K-J WWTP Construction Management contract for
additional services, a summary of the total contract change is as follows::
Original Contract Amount $ 1,519,665.00
Charge Orders No. 1-4 $ 22,880.00
Change Order #5 $ 7,200.00
TOTAL $ 1,549,745.00
HISTORY: KJ performed additional work to provide support to the City in applying for “Green
Funding” under the American Reinvestment and Recovery Act (ARRA). With Kennedy-Jenks’
assistance, the City was able to identify $900,000.00 of the WWTP construction as qualifying for “Green
Construction”, this qualification allows 50% (or $450,000.00) to be forgivable principle.
ALTERNATIVES:
Do not approve Contract Amendment # 5, table for further discussion.
RECOMMENDED ACTION:
No action at this time – discussion only.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
March 22, 2010 Workshop
SUBJECT:
Acceptance of Utility Easements from EMJ
LLC (aka American Boiler Works-ABW)
DEPARTMENT OF ORIGIN:
Public Works – Engineering
ATTACHMENTS:
• Utility Easement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Legal description has been reviewed by staff, upon
approval of acceptance by Council, the City
Attorney will draft the appropriate easement
document for signature by the property owner.
DESCRIPTION: EMJ LLC (aka American Boiler Works-ABW) is dedicating a utility easement
as shown on the attached map.
HISTORY: As a condition of further site development and the installation of additional utility
services to this site, the property owner is required to dedicate easements for the City’s access to
maintain and service these lines.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
No action at this time – Council will be asked to approve at their April 5th Council Meeting.
"Legend
Easement
RAI L-LI NE
ROW
County P arcels Scale:Date:
File Name:
Drawn By:
EMJ_Easement8.5x11_10.mxd
3/5/2010 lb
EMJ, LL C. (AB W)Proposed Utilty Ea sem ent
City of Ar lington
1 inch = 200 feet
67th Ave NE
66th Ave NE
188th St NE
191st Pl NE
Community Development
City Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
March 22, 2010
SUBJECT:
Consideration of Notification of Intention to
Annex 10% Petition for Hilltop Sports
Annexation (File No. PLN20100004)
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Aerial map of proposed annexation
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
DESCRIPTION:
An Intention to Commence Annexation 10% Petition form has been submitted for
approximately 26.12 acres located on the southwest corner of 172nd Street NE/SR 531 and SR 9.
The property is within the City Urban Growth Area, and the current City limits abut the
proposed annexation area on the north. The City’s Comprehensive Plan designates the area as
General Commercial, and the zoning map pre-zones this area as General Commercial.
HISTORY:
Thomas Barry on behalf of S. Jay Lee and Hilltop Sports, LLC, submitted an application for
annexation/Annexation 10% Petition form on February 17, 2010. The request has been
reviewed by staff. The proposed annexation had been previously applied for on April 27, 2006,
but was put on indefinite hold by the City of Arlington due to the lack of sewer capacity at that
time. That file has since been voided and a new application is again being processed, now that
we will have adequate sewer capacity with the construction of the new sewer plant.
COMMITTEE REVIEW AND ACTION:
None.
ALTERNATIVES:
RECOMMENDED ACTION:
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
March 22, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 12
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 12 – Streets & Sidewalks
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
Proposed changes within Title 12 of the Arlington Municipal Code are attached for the
Council’s review. AMC Title 12 discusses a variety of regulations involving streets and
sidewalks, including how we address properties, how street vacations are conducted, and the
city’s truck route.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
Title 12 STREETS AND SIDEWALKS*
Chapters:
12.12 Street Vegetation - REVISIONS
12.16 Uniform Street Naming and House Numbering - REVISIONS
12.18 Street Vacations -- REVISIONS
12.20 Sidewalks--Repair and Cleaning -- REVISIONS
12.24 Obstruction of Sidewalks, Curbs, Gutters and Parking Strips -- REVISIONS
12.28 Design and Construction Standards for Work in Public Right-of-Way --
REVISIONS
12.32 Street Assessment Reimbursement Agreements -- REVISIONS
12.40 Right-of-Way Permits -- REVISIONS
12.44 Truck Route – REVISIONS
12.48 Sidewalk and Roadside Memorials -- NEW
12.XX Grading Permits – NEW -- TO BE PROPOSED LATER
* For statutory provisions authorizing the construction, reconstruction and repair
of sidewalks, gutters and curbs, see RCW 35.68.010. For statutory provisions
relating to the construction of sidewalks and the assessment of costs, see RCW
35.68, 35.69 and 35.70. See also, RCW 35.43.030.
Chapter 12.12 STREET VEGETATION
Sections:
12.12.010 Trimming required Duty of abutting owner to abate nuisance.
12.12.020 Obstructions at intersectionsPenalty of noncompliance.
12.12.030 Removal of hazardous vegetationEnforcement.
12.12.040 Notice to remove--Service of abatement.
12.12.050 Notice to remove--Failure to comply--Hearing--—LienDestruction of trees, shrubs,
plants prohibited.
12.12.010 Trimming requiredDuty of abutting owner to abate nuisance.
(a) All owners or occupiers of property within the city shall trim, cut, remove or destroy all
Trees, plants, shrubs, or vegetation, or parts thereof, which now or hereafter mayso
overhang any sidewalk, street, or alley, or public right-of-way, or which are growing
thereon in such manner as to obstruct or impair the free and full use of the sidewalk,
street, or alley by the public or to obstruct vision of the improved portion of a public
right-of-way or intersection of streets or which damage, obstruct or endanger City
owned utilities rightfully located within a public right-of-way, or which have grown or
died upon any property and are a fire hazard or a menace to public health, safety or
welfare are a public nuisance. It is the duty of the owner of the property wherein or
whereon any such nuisance exists or of the property abutting the street wherein or
whereon such nuisance exists to abate the same by trimming, destroying or removing
such growing or dead growththe same.
(b) On property at any corner formed by intersecting streets, it is unlawful to install, set out
or maintain, or allow the installation, setting out or maintenance of, any sign, hedge,
shrubbery, natural growth or other obstruction to the view higher than two feet six
inches above the level of the center of the adjacent intersection within that triangular
area between the property line and a diagonal line joining points on the property lines
twenty-five feet from the point of their intersection, or in the case of rounded corners,
the triangular area between the tangents to the curve and a diagonal line joining points
on said tangents twenty-five feet from the point of their intersection. The tangents
referred to are those at the beginning and at the end of the curve at the corner.
(a)(c) Exceptions. The provisions in (a) shall not apply to permanent buildings; public
utility poles; trees trimmed (to trunk) to a line at least eight feet above the level of the
intersection; saplings or plant species of open growth habits and not planted in the form
of a hedge, which are so planted and trimmed as to leave at all seasons a clear and
unobstructed cross-view; supporting members of appurtenances to permanent
buildings existing on the date the ordinance codified in this chapter becomes effective;
official warning signs or signals; or to places where the contour of the ground is such
that there can be no cross-visibility at the intersection.
12.12.020 Obstructions at intersectionsPenalty for noncompliance.
The failure or refusal to comply with the provisions of AMC 12.12.010 shall subject the offender
to a fine not exceeding $300.00.
(a) On property at any corner formed by intersecting streets, it is unlawful to install, set out or
maintain, or allow the installation, setting out or maintenance of, any sign, hedge, shrubbery,
natural growth or other obstruction to the view higher than two feet six inches above the level
of the center of the adjacent intersection within that triangular area between the property line
and a diagonal line joining points on the property lines twenty-five feet from the point of their
intersection, or in the case of rounded corners, the triangular area between the tangents to the
curve and a diagonal line joining points on said tangents twenty-five feet from the point of their
intersection. The tangents referred to are those at the beginning and at the end of the curve at
the corner.
To illustrate the operation of the foregoing provisions, the shaded spaces on the following
diagram will show the triangular areas involved at typical corners.
GRAPHIC LINK:Click here
(b) Exceptions. The provisions in (a) shall not apply to permanent buildings; public utility
poles; trees trimmed (to trunk) to a line at least eight feet above the level of the intersection;
saplings or plant species of open growth habits and not planted in the form of a hedge, which
are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view;
supporting members of appurtenances to permanent buildings existing on the date the
ordinance codified in this chapter becomes effective; official warning signs or signals; or to
places where the contour of the ground is such that there can be no cross-visibility at the
intersection.
12.12.030 Removal of hazardous vegetationEnforcement.
All owners or occupiers of property within the city, shall remove or destroy all grass, weeds,
bushes, trees or vegetation growing or which has grown and died upon property owned or
occupied by them and which are a fire hazard or a menace to public health, safety or welfare.
Members of the Public Works department shall enforce this chapter and, if any property
owners fail or refuse to abate any such nuisance, as defined by AMC 12.12.010, the director, or
his/her designee may, in addition or as an alternative to the penalties prescribed by AMC
12.12.020, require such property owner to abate the nuisance by removal, trimming or
destruction at such owner’s cost and expense within a specified time; and if the removal,
trimming or destruction is not made by said owner within the time specified, the city may abate
the same as provided in AMC 12.12.050.
12.12.040 Notice to remove--—Serviceof Abatement.
Upon determination that a condition exists within the prohibition of Sections 12.12.010
through 12.12.030, the chief of police, the fire chief, the street superintendent or the building
inspector shall cause to be personally serveda Notice of Nuisance shall be placed on the front
door of the residence and or mailed to the owner or occupier of the premises on which the
condition exists a written notice setting forth the nature of the condition, and the means of
removing the same. , the description of the property involved and requiring the owner or
occupier to make the removal or destruction, as stated. Such notice shall also set forth that if
such removal or destruction is not accomplished within five business days after the service or
mailing of said notice the city may take such action as is provided for in Section 12.12.050to
remedy the nuisance and that the costs thereof shall be borne by the owner of the property
and become a lien against the property.
12.12.050 Notice to remove--Failure to comply--—HearingAbatement by city – Costs --Lien.
In the event that more than five days have expired from the date of mailing or serving a notice
provided for
(Missing text)
in Section 12.12.040, without the removal or destruction required having been completed, the
city council shall hold a hearing on a date and at a time to be specified in said notice, at which
time it shall receive and consider evidence and shall make a finding as to whether the condition
described in the notice exists and is, in fact, injurious to the public health, safety or welfare in
the manner prohibited in Sections 12.12.010 through 12.12.030. In the event the city council
makes a finding that such condition exists, it shall by resolution, provide that the city, through
its appropriate officers and employees, shall cause the removal or destruction thereof and that
the reasonable cost to the city of its labor, materials and use of equipment shall become a
charge against the owner of the property. Said lien shall be in such form and foreclosed in such
manner as is specified in RCW 35.21.310.
If the nuisance is not abated by trimming, removal, or destruction by the property owner within
a the time fixed in the notice, the City may abate the nuisance and render a statement covering
the costs of such abatement, including all of the city’s expenses, and mail the bill to the
property owner. If the property owner fails or refuses to pay such bill, or if the owner cannot be
found, the City may cause a lien to be filed against said property. Said lien shall be in such form
and foreclosed in such manner as is specified in RCW 35.21.310.
12.12.060 Destruction of trees, shrubs, plants prohibited.
Except to abate a nuisance as defined herein, no person or entity shall damage, destroy or
mutilate any tree, shrub or plant in a public right-of-way or in any other public place, or attach
or place any rope or wire (other than one used to support a young or broken tree), sign, poster,
handbill or other thing to or on any tree growing in a public place, or cause or permit any wire
charged with electricity to come in contact with any such tree, or allow any gaseous, liquid or
solid substance which is harmful to such trees to come in contact with their roots or leaves. Any
person or entity shall be liable for damage resulting from the violation of this ordinance.
Chapter 12.16 UNIFORM STREET NAMING AND HOUSE NUMBERING*
Sections:
12.16.005 Title.
12.16.010 Definitions.
12.16.020 Official addressing map.
12.16.030 Base lines and districts.
12.16.040 Maintenance of system.
12.16.050 Street designations.
12.16.060 Assignment of numbers.
12.16.070 Street and road signs.
12.16.080 Application of regulations.
12.16.090 Penalty.
* Editor's Note: The title of Ch. 12.16 was amended by Ord. 1340 §1.
12.16.005 Title.
This chapter shall be known as the uniform street naming and house numbering code of the city
of Arlington.
12.16.010 Definitions.
The following words or phrases, whenever used in this chapter, shall have the meanings
ascribed to them in this section unless, where used, the context clearly indicates to the
contrary:
(a) "Alley" means a public or private way twenty feet or less in width not designated or
improved for general travel and used as a means of secondary access or to the rear of
residential, business or other property.
(b) "Avenue" means a public or private thoroughfare dedicated or improved for general
travel and as a means of primary access to the front of residential, business or other
property and, except for occasional sinuositiescurves, turns, or bends, running runs in a
general north-south direction.
(c) “Block” is considered the distance between intersections except where a long block
faces a short block because of differences in platting of adjacent plats, or where
unplatted land faces platted land. In these circumstances, the long block or unplatted
land may be given more than one set of one hundred numbers in order to follow the
desired uniformity for the Old Town district as a whole.
(d) "Boulevard" or "drive" or "way" means a public way dedicated or improved for general
travel and as a primary means of access to the front of property, either as a
thoroughfare or cul-de-sac, having such sinuosities curves, turns, or bends so as not to
fit into the regular street or avenue pattern, or a divided or other ornamental way
within or adjacent to a park, scenic or landscaped area and not being a portion or
extension of a named street or avenue.
(c)(e) “Building Official” means the designated city official to perform the duties of the
“building official” as herein prescribed.
(f) “Court” means a public way dedicated or improved for general travel and as a primary
means of access to the front of residential, business or other property as a cul-de-sac,
which cannot be extended and is less than one grid block in length. Courts are to be
named or numbered and carry the numbers of the preceding street or avenue (in
difection of the lowest house numbers).
(d)(g) "Designating official" means the director of Community Development or his/her
designee. designated city official ordered by the city council to perform the duties of
the "designating official" as herein prescribed.
(h) “Drive” means a public way dedicated or improved for general travel and as a primary
means of access to the front of property, as either a thoroughfare or cul-de-sac as not to
fit into the regular street or avenue pattern, and shall run north/south in between the
grid lines.
(i) “Lane” means private streets or streets in a private street subdivision.
(j) “Loop” means a public way dedicated or improved for general travel and as a primary
means of access to the front of residential, business or other property as that is a small
loop-type street or avenue, which carries the name of the street or avenue pattern from
which they originate.
(k) “Parkway” means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or a divided
or other ornamental way within or adjacent to a park, scenic or landscaped area and not
being a portion or extension of a named street or avenue.
(e)(l) "Place" means is the same as a street or avenue but lying between and parallel
to streets or avenues as an extra highway to the grid system; or a public or private way
other than an alley, boulevard, drive, or way which does not fit into the fixed street and
avenue pattern by virtue of running at an acute angle to streets or avenues.
(m) "Street" means a public or private thoroughfare dedicated or improved for general
travel and as a means of primary access to the front of residential, business or other
property and, except for occasional sinuositiescurves, turns, or bends, running runs in a
generally east-west direction.
(f)(n) “Way” means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or cul-de-sac,
having such curves, turns or bends as not to fit into the regular street or avenue pattern,
or a divided or other ornamental way within or adjacent to a park, scenic or landscaped
area and not being a portion or extension of a named street or avenue.
12.16.020 Official addressing map.
The official addressing map establishes base lines, divides the city into two addressing districts
and sets forth a grid numbering system and shall be maintained by the building official.
12.16.030 Base lines and districts.
The city of Arlington shall be divided into two addressing districts as shown on the city's official
addressing map.
(a) Old Town District. Base lines for the Old Town district shall be First Street for all numbering
of houses and buildings on the streets, avenues and other public ways running north and south;
and the Burlington northern railroad right-of-way from the north city limits to Maple Street,
and Cobb Avenue and State Route 9 shall constitute the base line for all numbering of houses
and buildings on the streets, avenues and other public ways running east and west.
(b) City-wide district. Base lines for the remaining portion of the Arlington city limits shall be as
adopted by the Snohomish County Code, Section 13.120.010 (Territory covered by system), and
Section 13.120.020 (Conformance to master plan).
12.16.040 Maintenance of street naming and house numbering system.
(a) Extensions of existing boulevards, drives and ways shall bear the name of the existing
boulevard, drive or way unless such extension is approximately straight and will fit into
the system for designation of a street or avenue, in which case the designating official
shall designate such extension as a street or avenue unless the city council, by
resolution, directs the extension to bear the name of the prior existing way.
(b) New boulevards, drives or ways shall be named or designated by resolutions of the city
council after recommendation by interested persons, community groups, planning
commission or the designating official.
(c) All existing and named streets, avenues, places, boulevards, drives or ways shall
continue to bear the designation heretofore existing under the Snohomish County
numbering system unless changed by resolution or ordinance of the city council after
the council has determined that the prior designation does not conform to the official
street designating ordinance, that the public convenience and welfare will be served by
such change in designation, or that the change in designation will implement the goals
and policies of the city.
(a)(d) (a) The building official shall be responsible for the development and
maintenance of maps indicating street names and house numbers. The building official
shall maintain a file of existing street names and a catalog of potential street names and
be responsible for insuring that proposed street names are in conformance with this
chapter and do not duplicate existing street names.
(b)(e) (b) The building official shall, on all building permits for new residences,
accessory dwelling units, buildings, structures, or places of business, excepting sheds
and accessory buildings, assign an address number consistent with this chapter. On
building permits other than new construction, the building official shall ensure that the
address listed thereon is consistent with this chapter.
(c)(f) (c) Minor changes or corrections to numbers, may be made administratively by
the building official, following the written request from a residential or commercial
occupant. Minor changes may be initiated by staff when in the best interest of public
safety.
(d)(g) (d) Major changes such as renumbering or street name changes may be
initiated by a written request from a residential or commercial occupant, or by staff in
the interest of public safety and/or public benefits. In either case, the building official
shall convene a review committee, to include but not limited to, a representative of the
police department and the fire department. If the committee determines that a change
should be made, a proposed plan shall be prepared and the affected neighborhood or
commercial area be notified for comment. The committee shall review any comments
received and determine if the public safety interest is best served by the proposed
change. Such change determination shall be approved by the city council prior to any
such change being effected.
12.16.050 Street designations.
The following street designations shall apply to street and road names, streets, road signs, and
to addresses:
(1) "Alley" means a public or private way twenty feet or less in width not designated or
improved for general travel and used as a means of secondary access or to the rear of
residential, business or other property.
(2) "Avenue" means a public or private thoroughfare dedicated or improved for general travel
and as a means of primary access to the front of residential, business or other property and
shall run north and south on the grid line.
(3) "Boulevard" means a public way dedicated or improved for general travel and as a primary
means of access to the front of property, either as a thoroughfare or a divided or other
ornamental way within or adjacent to a park, scenic or landscaped area and not being a portion
or extension of a named street or avenue.
(4) "Court" means a public way dedicated or improved for general travel and as a primary
means of access to the front of residential, business or other property as a cul-de-sac, which
cannot be extended and is less than one grid block in length. Courts are to be named or
numbered and carry the number of the preceding street or avenue (in direction of the lowest
house numbers).
(5) "Drive" means a public way dedicated or improved for general travel and as a primary
means of access to the front of property, either as a thoroughfare or cul-de-sac as not to fit into
the regular street or avenue pattern, and shall run north/south in between the grid lines.
(6) "Lane" means private streets or streets in a private street subdivision.
(7) "Loop" means a public way dedicated or improved for general travel and as a primary
means of access to the front of residential, business or other property as that is a small loop-
type street or avenue, which carries the name of the street or avenue from which they
originate.
(8) "Place" means a public way dedicated or improved for general travel and as a primary
means of access to the front of property, parallel to, but between streets as not to fit into the
regular street pattern, and shall run east/west in between the grid lines.
(9) "Parkway" means a public way dedicated or improved for general travel and as a primary
means of access to the front of property, either as a thoroughfare or a divided or other
ornamental way within or adjacent to a park, scenic or landscaped area and not being a portion
or extension of a named street or avenue.
(10) "Street" means a public or private thoroughfare dedicated or improved for general travel
and as a means of primary access to the front of residential, business or other property and
shall run east and west on the grid line.
(Ord. 1340 §5, 2004: Ord. 587 §5, 1970).
12.16.060 Assignment of numbers.
(a) One Hundred Grid Block. The one hundred block for street naming and house
numbering shall be determined by consulting the official grid map. Grid maps indicating
the location of one hundred block grid lines shall be prepared on one inch equals four
hundred feet scale map and made available for use at a later date.
(b) Numbering Interval.
(1) The assignment of a number to a specific property location shall be
determined by measuring distances from the one hundred block grid lines.
(2) Measurements shall be taken from the grid line to the main entrance of the
building or property for the purpose of assigning numbers.
(c) Number Assignment. The assignment of numbers shall be as follows:
(1) Old Town District.
(a) All houses, buildings and lots situated within the first block north of First
Street within the Old Town district shall, on all intersecting streets, avenues and
other public ways, be given numbers between 101 and 199 inclusive; within the
second block, numbers between 201 and 299 inclusive shall be used, and so on
in each succeeding block; and all numbers shall be indicated by adding the word
"North" to the name of the street, avenue or other public way.
(b) All houses, buildings and lots situated within the first block south of First
Street within the Old Town district shall, on all intersecting streets, avenues and
other public ways, be given numbers between 101 and 199 inclusive; within the
second block, numbers between 201 and 299 inclusive shall be used, and so on
in each succeeding block; and all numbers shall be indicated by adding the word
"South" to the name of the street, avenue or other public way.
(c) All houses, buildings and lots situated within the first block east of the
Burlington northern railroad right-of-way base line within the Old Town district
shall, on all intersecting streets, avenues and other public ways, be given
numbers between 101 and 199 inclusive; within the second block, numbers
between 201 and 299 inclusive shall be used, and so on in each succeeding
block; and all numbers shall be indicated by adding the word "East" to the name
of the street, avenue or other public way.
(d) All houses, buildings and lots situated within the first block west of the
Burlington northern railroad right-of-way base line within the Old Town district
shall, on all intersecting streets, avenues and other public ways, be given
numbers between 101 and 199 inclusive; within the second block, numbers
between 201 and 299 inclusive shall be used, and so on in each succeeding
block; and all numbers shall be indicated by adding the word "West" to the name
of the street, avenue or other public way.
(e) A "block" is considered the distance between intersections except where a
long block faces a short block because of differences in platting of adjacent plats,
or where unplatted land faces platted land. In these circumstances, the long
block or unplatted land may be given more than one set of one hundred
numbers in order to follow the desired uniformity for the Old Town district as a
whole.
(Fe) One number shall be assigned for each twenty-five feet of frontage or
fraction thereof except that adjustments may be made in order to follow the
desired uniformity for the Old Town district.
(Gf) Odd numbers shall be used on the north and east sides of the streets,
avenues, and all other public ways.
(Hg) Even numbers shall be used on the south and west sides of the streets,
avenues, and all other public ways.
(Ih) All houses, buildings or lots nearer the base line shall be assigned the
smaller numbers. In assigning numbers to houses and buildings between which
one or more lots lie unimproved, sufficient numbers shall be allowed for later
assignment to such vacant lots.
(2) City-wide District.
(a) All houses, buildings and lots situated within the city-wide district shall, on
all intersecting streets, avenues and other public ways, be given numbers
between 00 and 33 inclusive; within the second block, numbers between 00 and
33 inclusive shall be used, and so on in each succeeding block.
(b) Even numbers shall be assigned to south and west sides of streets; odd
numbers to the north and east sides of the streets. Determination of street
directions north-south, east-west can be decided by observing the overall length
of a street and noting its general direction. The even and odd numbers shall be
assigned consecutively and opposite one another wherever possible. Neither
numeric fractions nor alphabetical letters shall be assigned as part of the unique
address for stand-alone structures. Where a street is prevented from being
continuous by a natural barrier, the addressing will be broken off at the barrier
and continued again at the other side of the barrier consistent with the
appropriate one hundred grid block on the official grid map as described in
subsection (a) of this section.
(c) Short loops and cul-de-sacs shall be numbered consecutively from that point
where they originate and proceeding progressively around the loop or cul-de-
sac.
(d) Multifamily developments will have one main assigned number address
taken from the street. Each building shall have a letter designation of A, B, C, D,
etc. Interior streets within multifamily developments will be named and such
names will be approved as defined in Section 12.16.05012.16.0140 of this
chapter. If the interior street is to remain private, then the name will be qualified
by designating that street as a lane as specified defined in Section 12.16.050(6)
12.16.010(i) of this chapter. Each of the multifamily buildings fronting that
interior street will be numbered from said street. Each unit within a multifamily
building will also be identified (e.g., 3515 Private Lane NE Unit #101). Each unit
numbering will be from left to right as seen from facing the building. The first
digit of each unit number will indicate on which floor of the building each unit is
located.
(e) In large commercial development projects with a single access from a main
street and a shared parking lot, each building will be individually numbered from
Comment [k1]: Should this be the same as the
phrase preceding it or a different set of numbers?
the main street. For those projects fronting on intersecting streets, each building
will be individually numbered from the intersecting street on which it fronts.
Each tenant suite within a commercial building will also be identified (e.g., 3515
Main St. NE Suite #201). The suite numbering will be from left to right as seen
from facing the building. The first digit of each suite number will indicate on
which floor of the building each suite is located.
12.16.070 Street and road signs.
(a) All new street and road signs in the city limits shall display street names and compass
quadrant designations in conformance with the provisions of this chapter.
(b) All replaced street or road signs erected after July 1, 2004 shall display the street name and
the compass quadrant designation with the provisions of this chapter.
12.16.080 Application of regulations.
The owner or occupant of any residence, accessory dwelling unit, building, structure or place of
business, excepting sheds and accessory buildings, opening upon or having access to a street
within the city shall place and maintain the proper and clearly visible address numbers in a
conspicuous location upon the main entrance or at the principal place of ingress to such
residence, building, structure or place of business. The knowing failure to place and maintain
the proper and clearly visible address numbers in such location shall constitute a misdemeanor.
12.16.090 Penalty.
Whoever failsFailure to comply with the provisions of this chapter, or whoever affixinges to or
displayings upon any house or building any such numbers other than those assigned to it, is
guilty of a misdemeanor and shall be punished as provided in Section 1.04.010.
Chapter 12.18 STREET VACATIONS
Sections:
12.18.010 Street vacations-Commencement by property owners.
12.18.020 Street vacations-Commencement by city council.
12.18.030 Street vacation-Fee imposed.
12.18.040 Street vacations-Notice of Hearing.
12.18.050 Street vacations-Hearing.
12.18.060 Consideration by planning commission.
12.18.070 Staff report.
12.18.080 Compensation for street vacation.
12.18.090 Ordinance of vacation.
12.18.010 Street vacations-Commencement by property owners.
The owners of any interest in real property abutting on any street or alley or portion of
sameany part thereof who desire the vacation of such street or alley may commence a street
vacation by petitioningpetition the city council to vacate the samesaid street or alley. The
petition shall include a description of the property to be vacated and the names, addresses, and
property tax account number of the petitioners. The petition shall be signed by the owners of at
least two-thirds of the owners of real property abutting the street or alley or portion of same
soughtany part thereof to be vacated.
12.18.020 Street vacations-Commencement by city council.
The city council may commence a street vacation by adopting a resolution describing the street
or alley or portion of same any part thereof to be vacated.
12.18.030 Street vacation-Fee imposed.
The petitioners shall pay a the fee of one hundred dollarsas specified in the fee resolution in
effect at the time of filing of the petition for a street vacation.
12.18.040 Street vacations-NoticeNotice of Hearing.
The city council shall give at least twenty days' notice of a by resolution schedule the proposed
street vacation for a public hearing before the city council, which shall take place not less than
twenty (20) calendar days or more than sixty (60) calendar days after the date of passage of the
resolution.
(a) The public hearing of the proposed street vacation shall be in the manner required by
RCW 35.79.020.
(a) Notice of the public hearing shall be posted in a conspicuous place on that portion of
the street or alley sought to be vacated and copies of such notice shall be mailed at least
twenty (20) calendar days prior to the hearing date to each owner of property located
within 300 feet of the right-of-way proposed to be vacated, including the petitioners, at
a local address if a resident of the city, otherwise to the last address showing on the
Snohomish County Assessors records. Said notice shall contain a statement that a
petition has been filed to vacate the portion described in the notice together with a
statement of the time and place fixed for the hearing of the petition and inviting
interested persons to appear and be heard for or against the granting thereof or to
submit written comment prior to that date.
12.18.050 Street vacations-Hearing.
The city shall by resolution schedule the proposed street vacation for a public hearing before
the city council, which hearing shall take place not less than twenty days nor more than sixty
days after the date of passage of the resolution.
(Ord. 1191 §2(part), 1999).
At the time appointed for the hearing on the petition or resolution, or at such time as the same
may be adjourned to by the council, the matter shall be considered and persons desiring to
speak for or against the vacation thereof shall be heard. Following such hearing, the council
shall determine
(a) Whether a change of use or vacation of the described portion will better serve the
public good; or
(b) Whether the street, alley or portion thereof is no longer required for public use; or
(c) Whether the use thereof as a public way is of such public benefit as not to justify the
cost of maintenance; or
(d) Whether the substitution of a new or different thoroughfare would be more useful to
the public; or
(e) Whether conditions may so change in the future as to provide a greater public use or
need than presently exists; or
(f) Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the same.
12.18.060 Consideration by planning commission.
The proposed street vacation shall be referred to the city planning commission for their review
and consideration. The planning commission may shall report to the city council any
recommendations, findings or advice it may have regarding the proposed street vacation.
12.18.070 Staff report.
The city staff shall prepare a staff report concerning the proposed resolutionvacation. The staff
report shall contain the following information:
(1a) Information on how and when the street sought to be vacated became a public street;
(2b) Whether or not utilities exist in the street and whether such street may reasonably be
necessary in the future for utility purposes;
(3c) Whether or not and in what respect the public may be benefitted or harmed by the
vacation;
(4d) Whether or not the street has been opened or constructed, and what effect the vacation
may have on property served or which might be served in the future by the vacated street;
(5e) Information on the appraised value of the street, if such information is available;
(6f) Any recommendations of city staff concerning the desirability of retaining an easement or
any interest in the property sought to be vacated for the purpose of the construction, repair
and maintenance of public utilities and services; and
(7g) Any other information deemed by city staff to be appropriate for consideration by the city
council.
12.18.080 Compensation for street vacation.
At the time of adopting the resolution for a public hearing, the city council may, if it chooses,
require the petitioner to obtain, at petitioner's expense, an appraisal by an appraiser
acceptable to the city as a condition of proceeding with the street vacation. The city council
may, but is not required to, condition the street vacation upon the payment of compensation
by the petitioners within a fixed period of time by the petitioners. The city council may also,
when it deems itdeemed appropriate, waive the right to compensation. Any compensation
which the council may require shall be consistent with RCW 35.79.030.
12.18.090 Ordinance of vacation.
If the city determines to vacate the street or alley or portion thereof, it shall adopt an ordinance
as required by RCW 35.79.030.
Chapter 12.20 SIDEWALKS-REPAIR AND CLEANING
Sections:
12.20.010 Definitions.
12.20.020 Property owner's responsibility.
12.20.030 Liability and expense.
12.20.040 Report by city street superintendent.
12.20.050 Resolution-Notice.
12.20.060 Information required.
12.20.070 Serving notice.
12.20.080 Noncompliance-Apportionment of cost.
12.20.090 Hearing on assessment roll-Notice.
12.20.100 Lien of assessments and foreclosure.
12.20.110 City's action for failure to improve or keep free of obstructions-Fine.
12.20.120 Effect of chapter.
12.20.010 Definitions.
Unless the context clearly indicates otherwise, the words used in this chapter shall have the
meanings given in this section.
(a) "Abutting property" includes all property within public right of way having a frontage
abutting upon the margin of any street or other public place or right-of-way.
(b) “Maintenance” or “maintain” means the removal and disposal of debris, litter, and
vegetation which tends to impair the utilization of the right-of-way for public purposes
and the removal of ice and snow from sidewalks.
(c) “Planting strip” means that portion of the right-of-way between the outside of the curb
and the outside of the sidewalk.
(d) “Reconstruction” means the removal and disposal of broken, cracked, raised or sunken
portions of the sidewalk, or broken, cracked or dislodged portions of retaining walls and
rockeries lying within the right-of-way, and replacement of the removed sections with
materials to match the portion on either side of the removed section in accordance with
city standards. Each such damaged portionsAny repair exceeding one hundred fifty
(150) square inches in area shall be classified as reconstruction.
(e) “Repair” means the removal and/or patching of small damaged portions of sidewalks,
retaining walls, or rockeries lying within the right-of-way, and planting strips and
transition strips with like materials. Each such damaged portions not exceeding one
hundred fifty (150) square inches in area shall be classified as repair.
(f) "Sidewalk" includes any structure or forms of street improvement in the space between
the street margin and the roadway known as the sidewalk area, and shall include curbs,
gutters, combined curbs and gutters, and paved portions of any parking strip.means all
pedestrian structures or forms of improvement for pedestrians included in the space
between the street margin, as defined by a curb on the edge of the traveled road
surface, and the line where the public right-of-way meets the abutting property.
(g) "Street" includes boulevard, avenue, street, alley, drive, way, lane, square, or place.
(a)(h) “Transition strip” means that portion of the right-of-way between the outside of
the curb and the property line; or where no curb or sidewalk exists, that portion of the
right-of-way between the edge of the roadside ditch or the shoulder of the road,
whichever is closer to the abutting property line, and the abutting property line.
12.20.020 Property owner's responsibility.
It shall be the responsibility of the property owner of property abutting upon a public sidewalk
to maintain said sidewalk at all times in a safe condition, free of any and all obstructions or
defects, including but not limited to ice and snow, gravel, vegetation and any other debris.
12.20.030 Liability and expenses.
Except as otherwise provided in this chapter or the common law, the burden and expense of
maintaining and repairing sidewalks along the side of any street or other public place shall
devolve upon and be borne by the property directly abutting thereon. In the case where any
injury or damage to any person shall be caused by the defective condition of any sidewalk or by
ice, snow, gravel, or other debris thereon or by lack of proper guards or railings on or along the
property abutting on any public wayresulting from actions of the abutting property owner, the
abutting property where the injury or damage occurs, and the owner thereof, shall be liable to
any person for the injuries and damage to such person, and to the city for all damage, injuries,
costs, and disbursements which the city may be required to pay to the person injured or
damaged; provided, that notification has been given as provided in Sections 12.20.050 through
12.20.070 and the repair, maintenance, or cleaning has not been done. The burden and
expense of maintaining sidewalks insofar as utility meter boxes, street signposts and any other
structures placed in or on the sidewalks area by the city in connection with city utilities and
street signs or signals shall be upon the city.
12.20.040 Report by city street superintendentPublic Works Director.
If in the judgment of the city street superintendentPublic Works Director or designee public
convenience or safety requires that a sidewalk be repaired or cleaned along either side of any
street he / she shall immediately report the fact to the city council in writing.
12.20.050 Resolution--Notice.
If upon receiving a report from the city street superintendentPublic Works Director the city
council deems the repair or cleaning of such sidewalk necessary or convenient for the public
convenience or safety, it shall by an appropriate resolution order such repair or cleaning and
shall cause a written notice to be served upon the owner of each parcel of land abutting upon
that portion and side of the street where the sidewalk is to be repaired or cleaned, requiring
such owner or owners to repair or clean the sidewalk in accordance with the resolution and
notice.
12.20.060 Information required.
The resolution and notice and order to repair or clean a sidewalk shall:
Comment [SJP2]: The general principles
involving liability for injuries suffered due
to defective sidewalks are well settled.
Cities have the authority and obligation to
create and maintain sidewalks and other
rights-of-way. E.g., RCW 35.22.280(7)
(first class cities). Cities also are liable for
defective conditions of which they have
constructive or actual notice. Rivett, 123
Wn.2d at 582; Stone v. City of Seattle, 64
Wn.2d 166, 170-171, 391 P.2d 179
(1964); Kennedy v. City of Everett, 2
Wn.2d 650, 653, 99 P.2d 614, amended,
4 Wn.2d 729, 103 P.2d 371 (1940); City
of Seattle v. Shorrock, 100 Wash. 234,
245, 170 Pac, 590 (1918). Adjoining
property owners are only liable if their
actions created a dangerous condition in
the sidewalk. E.g., Stone, 64 Wn.2d at
169-170; Shorrock, 100 Wash. at 245.
In light of this, I believe everything from
12.20.040 through 12.20.110 is outdated
and should be repealed or substantially
rewritten to embody the law which holds
the adjacent property owners are liable if
their actions cause the dangerous
condition.
(1a) Describe each parcel by address and property tax account number for allof land abutting
upon that portion and side of the street where the sidewalk is ordered to be repaired or
cleaned; and
(2b) Specify the kind of sidewalk required, its size and dimensions, the method and materials
to be used in the repair; and
(3c) Contain an estimate of the cost thereof; and
(4d) State that, unless the sidewalk is repaired or cleaned in compliance with the notice and
within a reasonable time therein specified, the city will repair or clean the sidewalk and assess
the cost and expense thereof against the abutting property described in the notice; and
(5e) Specify whether the cost of the repair or cleaning shall be borne by the abutting property
owner, or whether a specified portion thereof shall be borne by the city and the remainder by
the abutting property owner; and
(6f) Specify the time within which the repair or cleaning shall be commenced and completed.
Whenever any improvement herein is cleaning of the sidewalk, the time for execution of the
same by the property owner shall be not more than ten (10) calendar days, which time shall be
considered a reasonable time.
12.20.070 Serving notice.
The notice shall be served:
(1a) By delivering via registered mail a copy to the owner or reputed owner of each parcel of
land affected, or to the authorized agent of the owner; or
(2b) By leaving a copy thereof at the usual place of abode of such owner in the city with a
person of suitable age and discretion residing therein; or
(3c) If the owner is a nonresident of the city and his place of residence is known, by mailing a
copy to the owner addressed to his last known place of residence; or
(4d) If the place of residence of the owner is unknown or if the owner of any parcel of land
affected is unknown, by publication in two weekly issues of the official newspaper of the city.
Such notice shall specify a reasonable time within which the sidewalk shall be repaired or
cleaned, which in the case of publication of the notice shall be not less than sixty days from the
date of first publication of such notice.
12.20.080 Noncompliance--Apportionment of cost.
If the notice and order to repair or clean a sidewalk is not complied with within the time therein
specified, the city street superintendent shall proceed to repair or clean said sidewalk
forthwith, using either city labor and materials or by contract, and shall report to the city
council at its next regular meeting or as soon thereafter as is practicable an assessment roll
showing each parcel of land abutting upon the sidewalk, the name of the owner thereof, if
known, and apportion the costs of the improvement to be assessed against each parcel of such
land.
12.20.090 Hearing on assessment roll--Notice.
Thereupon The city council shall set a date for hearing any protests against the proposed
assessment roll and shall cause a notice of the time and place of the hearing to be published for
two successive weeks in the official newspaper of the city, the date of the hearing to be not less
than thirty (30) days from the date of the first publication of the notice. At the hearing or at any
adjournment thereof, the city council by ordinance shall assess the cost of repair or cleaning
the sidewalk against the abutting property in accordance with the benefits thereto.
12.20.100 Lien of assessments and foreclosure.
The assessments shall become a lien upon the respective parcels of land and shall be collected
in the manner provided by law for the collection of local improvement assessments and shall
bear interest at the rate of six percent per year from the date of the approval of the assessment
thereon.
12.20.110 City's action for failure to improve or keep free of obstructions--Fine.
Every abutting property owner, who, after having received notice as provided in Sections
12.20.050 through 12.20.070 that the sidewalk in front of the property owned or controlled by
such person is out of condition or repair, neglects or refuses to put such sidewalk in condition
or repair or to maintain the sidewalk abutting on his property free of obstructions, including ice,
snow, gravel, vegetation and other debris, within the time and in the manner provided by such
notice, shall upon conviction thereof be punished by a fine not to exceed one hundred dollars
($100).
12.20.120 Effect of chapter.
This chapter shall not be construed as repealing or amending any provision relating to the
improvement of streets or public ways by special assessments, commonly known as local
improvement laws, but shall be considered as additional legislation and ancillary thereto.
Chapter 12.24 OBSTRUCTION OF SIDEWALKS, CURBS, GUTTERS AND
PARKING STRIPS
Sections:
12.24.010 Obstructions prohibited-- Removal authorized when--Exemptions.
12.24.020 Removal of obstructions required.
12.24.030 Unlawful to place certain items in public ways without a permit.
12.24.035 Portions of sidewalks for which permits may be issued.
12.24.040 Permit--Application requirements--Issuance and revocation conditions.
12.24.050 Exemptions--Loading and unloading of freight.
12.24.060 Exemptions--Merchandise fairs.
12.24.070 Violation--Penalty.
12.24.080 Each violation a separate offense.
12.24.010 Obstructions prohibited-- Removal authorized when--Exemptions.
Except as is otherwise in this section or chapter permitted, it is declared by the city council that
all obstructions or structures, of any kind or character, placed, maintained or erected upon the
streets, sidewalks, curbs, gutters or parking strips of the city are unlawful and are a public
nuisances, and the superintendent of public propertyPublic Works Director and the Chief of
Police are authorized and directed to cause the same to be removed; provided, however, that
this section shall not apply to fire hydrants, coin-operated newspaper vending boxes, public
telephone booths, public benches presently maintained, publicly owned sidewalk trash
containers, public transportation shelters for riders, ornamental trees in parking strips, planters
or planter boxes when part of any approved public program of beautification, telephone,
telegraph or electric light and powerutility poles or natural gas service facilities placed under
the terms of franchises given by the city or which are permitted under state law, street and
traffic-control signs and posts therefor, all of which shall not be considered as such obstructions
or structures and shall not be subject to removal hereunder; provided, further, that any person,
firm or corporation using a sidewalk, curb, gutter or parking strip for said purposes shall be
liable for and shall indemnify and hold harmless the city and its officers and employees, while
acting as such, from any and all actions or causes of action, claims, demands, liabilities, loss,
damage or expense of whatsoever kind or nature, including costs of defense of all legal actions
thereunder, which may arise by reason or in consequence of said use of public property.
12.24.020 Removal of obstructions required.
All of the obstructions or structures declared to be unlawful or nuisances by Section 12.24.010
shall be removed, and hereafter it is unlawful for any person, firm or corporation to maintain,
erect or place such obstructions or structures on the streets, sidewalks, curbs, gutters or
parking strips in the city.
12.24.030 Unlawful to place certain items in public waysrights-of-way without a permit.
It is unlawful for any person, firm or corporation to have, to display, to permit to exist, or to
place any goods, wares or merchandise, including but not limited to landscape or building
materials, or articles or structures for holding the same, whether for purposes of sale or
otherwise, on or above any sidewalk, curb, gutter or parking strip within the city unless a
Special Event Permit to do so shall have first been issued as provided in this chapterin Chapter
5.44 and unless said Special Event Permit is in full force and effect.
12.24.035 Portions of sidewalks for which permits may be issued.
No permit to have, display, permit to exist or place any goods, wares or merchandise or articles
or structures for holding the same, whether for purpose of sale or otherwise, on or above any
sidewalk, curb, gutter or parking strip within the city shall be issued except to permit such
property to be placed or permitted upon or above the following portions of sidewalks:
(a) The east thirty inches of the sidewalk on the east side of Olympic Avenue between
Division Street and Maple Street;
(b) The west thirty inches of the sidewalk on the west side of Olympic Avenue between
Division Street and Third Street.
12.24.040 Permit-Application requirements--Issuance and revocation conditions.
(a) Application for the permit mentioned in Section 12.24.030 shall be made annually to the
city's code enforcement officer at the city hall upon such form as said officer may provide. The
application shall include a specific description of the public area to be used, the days and hours
during which the public area is to be used, the amount of the public way to be used, the specific
purpose, the name and address of the owner (and lessee, if any) of the property abutting upon
the public area to be used, the name, address and telephone number(s) of the person who will
be responsible to see that the use does not exceed that permitted, and such other information
as the code enforcement officer shall find to be necessary or desirable. The application shall be
signed by the applicant and said applicant shall be the permittee.
(b) Every permit shall expire an midnight on December 31st each year. A permit shall be
required for the remainder of the calendar year 1982. Each applicant shall pay to the city a
permit fee of ten dollars each calendar year, and each application shall be accompanied by the
fee.
(c) Each applicant shall be required to sign an indemnity agreement, agreeing to indemnify and
hold harmless the city, and its officers and employees while acting as such, from any and all
actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever
kind or nature, including costs of defense of all legal actions thereunder, which may arise by
reason or in consequence of said use of public property. No permit shall be issued unless the
applicant has first delivered to the city, in addition to said indemnity agreement, an acceptable
certificate or a certified duplicate copy of a policy of general liability insurance with minimum
limits of five hundred thousand dollars and five hundred thousand dollars, or combined single
limit of five hundred thousand dollars for bodily injury and property damage, insuring the city
of Arlington, and its officers and employees while acting within their authority as such, as
additional named insureds, which policy shall be noncancellable except upon thirty days' prior
written notice to the city.
Comment [SJP3]: Most of this chapter appears
to be oriented to regulating merchants rather than
other users of the rights of way, e.g., memorials. Is
that still necessary? Should we add provisions that
target those other users or are we only relying on
the public nuisance provision of 12.24.010?
(d) The permit may be revoked by the code enforcement officer upon:
(1) Failure to keep and maintain in full force and effect said insurance;
(2) Conviction of the permittee in a court of a violation of the terms of this chapter; or
(3) Upon a finding by the code enforcement officer that a permittee has violated or permitted
the violation of the terms of this ordinance on more than one occasion, after hearing first
accorded the permittee.
(e) Any permittee may appeal to the city council any decision of the code enforcement officer,
revoking or refusing to issue a permit under this chapter. No subsequent permit shall be issued
to the permittee within one year of the date of revocation.
(Ord. 826 §4, 1982).
12.24.050 Exemptions--Loading and unloading of freight.
The provisions of this chapter shall not be construed so as to prohibit the expeditious moving of
freight and merchandise in the loading and unloading thereof across sidewalks, if such is done
with the least possible obstruction of the free use of such sidewalks by pedestrians.
12.24.060 Exemptions--Merchandise fairs.
The provisions of this chapter shall not be construed so as to prohibit the holding of an annual
merchandise fair or periodic merchandise fairs upon the streets and sidewalks of the city in
connection with organized merchant promotional activity, provided that such fairs shall be held
only after issuance of a permit Special Event Permit secured as provided in Section
12.24.040Chapter 5.44, and provided that the duration of such activities shall not exceed
fourteen days; the terms and conditions of use of the streets and sidewalks shall be specified,
and all reasonable protection to the public provided.
12.24.070 Violation--Penalty.
Any person, firm or corporation violating any of the provisions of or failing to comply with any
of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person, firm or
corporation convicted of a misdemeanor under this chapter shall be punished by a fine not to
exceed one hundred dollars. in the following amount:
(a) A fine of not less than fifty nor more than one hundred dollars, plus all the court costs
(including witness fees) and any mandatory additional penalties imposed by the court, such as
but not limited to the penalty under the State CVC Act, if the person fails or refuses, within ten
minutes after delivery of a true copy of this chapter to him, to cease the violation and remove
all objects from the public way, for a first offense;
(b) A fine of not less than one hundred dollars, but not more than five hundred dollars, plus all
the court costs (including witness fees) and any mandatory additional penalties imposed by the
court, such as but not limited to the penalty under the State CVC Act, for a second or
subsequent conviction.
12.24.080 Each violation a separate offense.
Each person is guilty of separate offense for each and every violation during any portion of
which any violation of any provision of this chapter is committed or permitted by any such
person, and the persons shall be punished accordingly.
Chapter 12.28 DESIGN AND CONSTRUCTION STANDARDS FOR WORK
IN PUBLIC RIGHT-OF-WAY
Sections:
12.28.010 Authorization of standard development.
12.28.020 Copy on file.
12.28.030 Standards in addition to specific terms.
12.28.010 Authorization of standard development.
The City Engineer or other person appointed by the mayor is authorized to develop,
disseminate, revise and update Design and Construction Standards and Specifications for utility
work, work in the public right-of-way or in easements, and all other work performed pursuant
to construction related permits issued by the city.
12.28.020 Copy on file.
A copy of the current Design and Construction Standards and Specifications shall be on file with
the City Clerk and the Engineering department.
12.28.030 Standards in addition to specific terms.
Said design and construction standards and specifications shall be in addition to such specific
terms and conditions as may be established for any permit issued by the city.
Chapter 12.32 STREET ASSESSMENT REIMBURSEMENT AGREEMENTS
Sections:
12.32.010 Purpose.
12.32.020 Definitions.
12.32.030 Authorization.
12.32.040 Minimum project size.
12.32.050 Application--Contents.
12.32.060 Engineer's recommendation.
12.32.070 Notice to property owners.
12.32.080 Determination of reimbursement area boundary and reimbursement fee.
12.32.090 City council review and action.
12.32.100 Preliminary assessment reimbursement area--Amendments.
12.32.110 Length of reimbursement provision.
12.32.120 Reimbursement agreement must be recorded.
12.32.130 Application fees and costs.
12.32.140 Construction and acceptance of improvements--Recording of final fees.
12.32.150 Collection of reimbursement fees--No liability for failure to collect.
12.32.160 Disposition of undeliverable reimbursement fees.
12.32.170 City financing of improvement projects.
12.32.010 Purpose.
This chapter is intended to implement and thereby make available to the public the provisions
of RCW Chapter 35.72, as the same now exists or may hereafter be amended, by allowing the
city to contract with the owners of real estate for the construction or improvement of street
projects which the owners elect to install as a result of ordinances requiring such projects as a
prerequisite to further property development, and allowing the partial reimbursement to the
owner by other property owners benefiting from said improvements in certain instances.
Nothing in this chapter shall require the city to enter into any requested street reimbursement
agreement.
(Ord. 1260 §1(part), 2001).
12.32.020 Definitions.
As used in this chapter, the terms listed below shall be defined as follows:
(a) "Cost of construction" means those costs (excluding interest charges or other financing
costs) incurred for design, acquisition for of right-of-way and/or easements,
construction, materials and installation required in order to create an improvement that
complies with city standards.
(b) "Engineer" means the City Engineer or his or her designated representativedesignee.
(c) "Recoverable costs" means a fair pro rata share of the cost of construction of street
projects that exceeds the requirements of city code or adopted city standards.
(d) "Reimbursement agreement" means a written contract between the city and one or
more parties providing both for construction of street projects and for reimbursement
to the party or parties constructing the projects for part of the costs of the projects by
owners of property benefited by the improvements.
(e) "Street projects" shall have the meaning specified in RCW 35.72.020 as it now reads, or
as hereafter amended and includes the following activities that are subject to
reimbursement: design, grading, paving, installation of curbs, gutters, storm drainage,
sidewalks, street lighting, traffic controls, and other similar improvements, as required
by the City.
12.32.030 Authorization.
Any owner of real estate who is required to construct or improve street projects as a result of
any provision of city code or other local or state regulation as a prerequisite to further
development may make application to the Engineer for the establishment by contract of an
assessment reimbursement area as provided by state law.
12.32.040 Minimum project size.
To be eligible for a reimbursement agreement, the estimated recoverable cost of the proposed
improvement must be not less than twenty-five thousand dollars. The estimated recoverable
costs of the improvement shall be determined by the engineer, based upon a construction
contract for the project, bids, engineering or architectural estimates or other information
deemed by the engineer to be a reliable basis for estimating costs. The determination of the
engineer shall be final.
12.32.050 Application--Contents.
Every application for the establishment of an assessment reimbursement area shall be
accompanied by the application fee specified in Section 12.32.130 of this code and shall include
the following items:
(1a) Detailed construction plans and drawings of the entire street project, the costs of which
are to be borne by the assessment reimbursement area, prepared and stamped by a licensed
engineer;
(2b) Itemization of all costs of the street project including, but not limited to, design, grading,
paving, installation of curbs, gutters, sidewalks, street lights, engineering, construction,
property acquisition and contract administration;
(3c) A map and legal description identifying the proposed boundaries of the assessment
reimbursement area and each separately owned parcel within the area. Such map shall identify
the location of the street project in relation to the parcels of property in such area;
(4d) A proposed assessment reimbursement roll prepared by a qualified MAI certified
appraiser stating the proposed assessment for each separate parcel of property within the
proposed assessment reimbursement area as determined by apportioning the total project cost
on the basis of the benefit of the project to each parcel of property within said area;
(5e) A complete list of owners of record of property within the proposed assessment
reimbursement area certified as complete and accurate by the applicant and which states
names and mailing addresses for each such owner;
(6f) Envelopes addressed to each of the record owners of property at the address shown on
the tax rolls of the county treasurer within the proposed assessment reimbursement area. The
Comment [k4]: JXK – this may push some
projects out of reach. Council may want to consider
lowering this.
Comment [SJP5]: On the other hand, the
administrative hassle of administering may not be
worth approving smaller projects. On a $25,000
project the most we recover for administration is
6% or $1,500.
cost of proper postage for certified mail shall be affixed or providedthe responsibility of the
applicant;
(7g) Copies of executed deeds and/or easements in which the applicant is the grantee for all
property necessary for the installation of such street project; and
(8h) Such other information as the engineer determines determined by the City is as necessary
to properly review the application.
12.32.060 Engineer's recommendation.
(a) The Engineer shall review all applications and may recommend approval of the application
only if the following requirements are met:
(1) The project satisfies the minimum size requirement and complies with city
standards;
(2) The proposed improvements fall within the description of "street projects" as those
terms are described in RCW Chapter 35.72; and
(3) The proposed improvements are not constructed or currently under construction.
(b) In the event all of the above criteria are not satisfied, the Engineer may recommend
conditional approval as is deemed necessary in order for the application to conform to such
criteria, or shall recommend denial of the application. The Engineer's recommendations as to
the assessment reimbursement area, method for calculating the reimbursement fee, and other
recommendations shall be forwarded to the city council.
(c) The city council shall have final authority to grant or deny a request for a recovery contract
under this chapter. In reviewing a request for reimbursement pursuant to this chapter, the city
council may, in its sole discretion, agree to a reimbursement agreement, or deny the same.
12.32.070 Notice to property owners.
Prior to city council action on any proposed contract establishing an assessment
reimbursement area, the Engineer or designee shall mail, via certified mail, a notice to the
record property owners for whom the applicant has provided envelopes, stating the proposed
preliminary boundaries of such area and assessments along with substantially the following
statement:
As a property owner within the Assessment Reimbursement Area whose preliminary
boundaries are enclosed with this notice, you or your heirs and assigns may be obligated to pay
under certain circumstances, a pro rata share of construction and contract administration costs
of a certain street project that has been preliminarily determined to benefit your property. The
proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or
your heirs and assigns, may have to pay such share, if any development permits are issued for
development on your property within ________________ (________) years of the date a
contract establishing such area is recorded with the Snohomish County Auditor, provided such
development would have required similar street improvements for approval. You have a right
to object to your property's assessment and request a hearing before the Arlington City Council
within twenty (20) days of the date of this notice. All such requests must be in writing and filed
with the City Clerk. After such contract is recorded it shall be binding on all owners of record
within the assessment area who are not a party to the contract. Dated: ________________.
12.32.080 Determination of reimbursement area boundary and reimbursement feeamount.
The city council shall define the reimbursement area for all approved applications based upon a
determination of which parcels did not contribute to the original cost of the street projects for
which the reimbursement agreement applies and which are not required to install street
improvements as a result of the installation of the street projects by the owner. A method for
determining the reimbursement fee amount shall be established so that each property will pay
a share of the recoverable costs of the improvements, which is proportional to the benefits that
accrue to the property.
12.32.090 City council review and action.
If the owner of any property within the proposed assessment reimbursement area requests a
hearing, notice of such shall be given to all affected property owners in addition to the regular
notice requirements specified by this code. Cost of this notice shall be borne by the applicant.
At the hearing the city council shall take testimony from affected property owners and make a
final determination of the area boundaries, the amount of assessments, length of time for
which reimbursement shall be required and shall authorize the execution of appropriate
documents. If no hearing is requested, the council may consider and take final action on these
matters at any public meeting held more than twenty days after notice was mailed to the
affected property owners. The city council shall have final authority to grant or deny a request
for a reimbursement agreement under this chapter. In reviewing a request for reimbursement
pursuant to this chapter, the city council may, in its sole discretion, agree to a reimbursement
agreement, or deny the same.
12.32.100 Preliminary assessment reimbursement area--Amendments.
If the preliminary determination of area boundaries and assessments is amended so as to raise
any assessment appearing thereon, or to include omitted property, a new notice of area
boundaries and assessments shall be given as in the case of an original notice; provided, that as
to any property originally included in the preliminary assessment area which assessment has
not been raised, no objections shall be considered by the council unless the objections were
made in writing at or prior to the date fixed for the original hearing. The city council's ruling
shall be determinative and final.
12.32.110 Length of reimbursement provision.
No reimbursement agreement shall provide for reimbursement for a period of not longer than
fifteen years from the date of final acceptance of the improvements by the city.
12.32.120 Reimbursement agreement must be recorded.
The city shall record the reimbursement agreement with the Snohomish County auditor within
thirty days of approval by the city. The applicant shall bear the expense of recording the
agreement. Said agreement shall be in a form approved by the city.
12.32.130 Application fees and costs.
The applicant for street reimbursement agreements shall reimburse the city for the full
administrative and professional costs of reviewing and processing such application and of
preparing the agreement. The fees and costs shall be established by city resolution. The
applicant shall reimburse the city for such costs before the agreement is recorded.
12.32.140 Construction and acceptance of improvements--Recording of final feesamounts.
(a) After the reimbursement agreement has been recorded and all necessary permits and
approvals have been obtained, the applicant shall construct the improvements and, upon
completion, request final inspection and acceptance of the improvements by the city, subject to
any required obligation to repair defects. An appropriate bill of sale, easement and any other
document needed to convey the improvements to the city and to ensure right of access for
maintenance and replacement shall be provided, along with documentation of the actual costs
of the improvements and a certification by the applicant that all of such costs have been paid,
all of which shall be in a form acceptable to the engineerCity, before any reimbursement shall
be paid to the applicant.
(b) In the event that actual recoverable costs are less than the estimate used in calculating the
estimated fees by ten percent or more, the engineer shall recalculate the fees reimbursement
amounts reducing them accordingly and shall cause a revised list of fees reimbursement
amounts to be recorded with the county auditor. In the event the actual recoverable costs
exceed the estimate used in calculating the estimated fees, the recovery shall be based on the
estimated used.
12.32.150 Collection of reimbursement fees--No liability for failure to collect.
(a) Subsequent to the recording of a reimbursement agreement, the city shall not permit
connection of any property within the reimbursement area to any street project constructed
pursuant to the reimbursement agreement, unless the share of the costs of such facilities
required by the recorded agreement is first paid to the city.
(b) Upon receipt of any reimbursement feesamounts, the city shall deduct a six percent
administrative fee and remit the balance of the reimbursement fees amounts to the party
entitled to the fees pursuant to the reimbursement agreement. In the event that through error,
the city fails to collect a required reimbursement fee amount prior to approval of connection to
a street project, the city shall make diligent efforts to collect such feeamount, but shall under
no circumstances be obligated to make payment to the party entitled to reimbursement, or in
any other way be liable to such party, unless such reimbursement fee amount has actually been
paid to the city.
12.32.160 Disposition of undeliverable reimbursement feesamounts.
In the event that, after reasonable effort, the party to which reimbursement fees amounts are
to be paid pursuant to a reimbursement agreement cannot be located, and upon the expiration
of one hundred eighty days from the date fees the reimbursement amounts were collected by
the city, the fees reimbursement amounts shall become the property of the city and shall be
revenue to the city transportation improvement fund.
12.32.170 City financing of improvement projects.
As an alternative to financing projects under this chapter solely by owners of real estate, the
city may finance or join in the financing of an improvement project and may be reimbursed in
the same manner as the owners of real estate who participate in the project, upon the passage
of an ordinance specifying the conditions of the city's participation in such project. The city shall
be reimbursed only for the costs of improvements that benefit that portion of the public who
will use the developments improvements within the established assessment reimbursement
area.
Chapter 12.40 RIGHT-OF-WAY PERMITS
Sections:
12.40.010 DefinitionsShort Title.
12.40.020 Permit requiredPurpose.
12.40.030 Permit-LimitationTerritorial Application.
12.40.040 Permit-ApplicationIntent.
12.40.050 Permit-Application processingDefinitions.
12.40.060 Permit-Fees and costsAuthority of the City.
12.40.070 Permit-FormRight-of-Way Permit Required.
12.40.080 Permit-ExceptionsApplication.
12.40.090 Performance bond or securityPermit Exceptions.
12.40.100 Hold harmlessPermit Fees, Costs, and Reimbursements.
12.40.110 Work-Applicable standardsPermit Form.
12.40.120 Traffic routing and safetyConstruction or Modification to the Public Right-of-Way.
12.40.130 Adjoining property protection requirementsUtility Relocation.
12.40.140 Utility facilities protection requirementsShared Use of Excavations.
12.40.150 Preservation of monumentsDebris and Spilled Loads in the Right-of-Way.
12.40.160 Liability for damages to streetsTraffic Routing and Safety.
12.40.170 Work to be performed promptlyInspections.
12.40.180 Urgent workRenewal of permits.
12.40.190 InspectionsAssurance Device.
12.40.200 Limitation of liabilityHold Harmless.
12.40.210 Violation-PenaltyLimitation of Liability.
12.40.220 Appeal of Right-of-Way Use Procedures and Related Requirements.
12.40.230 Violation - Penalty
12.40.010 Definitions.Short Title.
This chapter is known as the Right-of-Way use code.
12.40.020 Purpose.
It is the purpose of this code to provide for the issuance of right-of-way use permits in order to
regulate activities within the public rights-of-way in the city of Arlington in the interest of public
health, safety and welfare; and to provide for the fees, charges, warranties, and procedures
required to administer the permit process.
12.40.030 Territorial Application.
This code and the procedures adopted hereunder shall be in effect throughout the city of
Arlington.
12.40.040 Intent.
(a) This code is enacted to protect and preserve the public health, safety, and welfare. Its
provisions shall be liberally construed for the accomplishment of these purposes.
(b) It is expressly Thethe purpose of this code and any procedures adopted hereunder to
provide for and promote the health, safety and welfare of the general public, andshall not to
create or otherwise establish or designate any particular class or group of persons who will or
should be especially protected or benefited by the terms of this code or any procedures
adopted hereunder.
(c) It is the specific intent of this code and any procedures adopted hereunder to place the
obligation of complying with the requirements of this code upon the permittee, and no
provision is intended to impose any duty upon the city of Arlington, or any of its officers,
employees, or agents. Nothing contained in this code or any procedures adopted hereunder are
intended to be or shall be construed to create or form the basis of liability on the part of the
city or Arlington, its officers, employees or agents, for any injury or damage resulting from the
failure of the permittee to comply with the provisions of this chapter, by reason or in
consequence of any act or omission in connection with the implementation or enforcement of
this code or any procedures adopted hereunder by the City of Arlington, its officers, employees
or agents.
12.40.050 Definitions.
The following definitions apply to the provisions of this chapter, unless the context shall
indicate otherwisewords and phrases when used in this chapter shall have the following
meanings unless the context clearly indicates otherwise:
(a) "Applicant" means any person making application for a permit for construction or
excavation work, pursuant to the terms of this chapter.
(b) “Citation and notice” means a written document initiating a criminal proceeding after an
arrest and issued by an authorized peace officer, in accordance with the Justice Court
Criminal Rules.state law.
(b)(c) "City" means the city of Arlington.
(d) "City council" or "council" means the city council of the city of Arlington.
(e) “City inspector” means the designated employee(s) of the department responsible for
inspecting the installation of warning and safety devices and any improvements in the
public right-of-way and restoration of public rights-of-way disturbed by work.
(f) “Construction” or “excavation” means the act of opening, excavating, boring, or in any
manner disturbing or breaking the surface, subsurface, or foundation of any right-of-
way; the establishment or alteration of any established grade or street; and the
maintenance or removal of sidewalk, pavement, sewers, water mains, street lighting
other utilities, or appurtenances thereto.
(g) “Department” means the Public Works department or other department designated by
the Mayor.
(h) “Director” means the director of Public Works or his/her designee.
(i) “Emergency” means a condition of imminent danger to the health, safety and welfare of
property or persons located within the city including, but not limited to, damage to
persons or property from natural or manmade consequences, such as storms,
earthquakes, riots, or wars.
(j) “Engineering Standards” means the most recent adopted edition of the City of Arlington
Design and Construction Standards and Specifications manual.
(k) “Franchised utilities” means utilities that have city approval to use city rights-of-way for
the purpose of providing their services within the city, whether by written franchise
granted by the city or otherwise.
(l) “Nonprofit” means not for a monetary gain unless for charitable purposes.
(m) “Notice of Violation” means a document mailed to a permittee or unauthorized user
and posted at the site of a non-conforming or unsafe condition.
(n) “Oral directive” means a directive given orally by city personnel to correct or
discontinue a specific condition.
(o) “Permit” means a document issued by the city granting permission to engage in an
activity not allowed without a permit.
(p) “Permit Center” means the City’s central location for applying for permits.
(c)(q) "Permittee" means any person holding a permit from the city for the
performance of any construction or excavation work within a right-of-way of the city.
(r) “Person” means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies, and
individuals and includes their lessors, trustees and receivers.
(s) “Private Use” means use of the public right-of-way for the benefit of a person,
partnership, group, organization, company, or corporation, other than as a thoroughfare
for any type of vehicles, pedestrians, or equestrians.
(t) “Procedure” means a process adopted by the director to implement this code, or to
carry out other responsibilities as may be required by this code or by other codes,
ordinances, or resolutions of the city or other agencies.
(u) “Right-of- Way “ or “ROW” means all public streets and property granted or reserved
for, or dedicated to , public use for street purposes, together with public property
granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways
and horse trails, whether improved or unimproved, including the air rights, sub-surface
rights, and easements related thereto.
(v) “Sidewalk” means all pedestrian structures or forms of improvement for pedestrians
included in the space between the street margin, as defined by a curb on the edge of
the traveled road surface, and the the line where the public right-of-way meets the
abutting property.
(w) “Street” includes boulevard, avenue, street, alley, drive, way, lane, square, place, or
circle.
(x) “Stop Work Notice” means a notice posted at the site of activity that requires all work to
be stopped until the city approves continuation of work.
(y) “Telecommunications carrier” means every person that directly or indirectly owns,
controls, operates, or manages plant, equipment, or property within the city, used or to
be used for the purpose of offering and providing telecommunications services.
(z) “Telecommunications facilities” means the plant, equipment, and property, including
but not limited to cables, wires, conduits, ducts, pedestals, antennas,
(aa) “Telecommunications provider” means every person who provides
telecommunications services over telecommunications facilities without any ownership
or management control of the facilities.
Comment [k6]: What about those with State
franchises (e.g. Verizon or other phone company.)
(bb) “Telecommunications service(s)” means the providing or offering for rent, sale,
or lease, or in exchange for other value received, of the transmittal of voice, data,
image, graphic, and video programming information between or among points by wire,
cable, fiber optics, laser, microwave, radio, satellite, or similar facilities, with our
without benefit of any closed transmission medium.
(cc) “Underground location service” means the underground utilities location center that
will locate all underground utilities prior to an excavation. The permittee shall call the
regional utility locating company (1-800-424-5555) prior to commencing work to
establish the location of all underground utilities, and protect the same against
damages, in accordance with the provisions of this chapter.
(dd) “Unsafe condition” means any condition which the director determines is a
hazard to health, or endangers the safe use of the right-of-way by the public, or does or
may impair or impede the operation or functioning of any portion of the right-of-way, or
which may cause damage thereto.
(d)(ee) "Work" means any construction or excavation within a right-of-way of the city.
"Public works director" means the public works director of the city, or his or her designee.
"Construction" or "excavation" means the act of opening, excavating, boring or in any manner
disturbing or breaking the surface, subsurface or foundation of any right-of-way; the
establishment or alteration of any established grade or street; and the maintenance or removal
of sidewalk, pavement, sewers, water mains, street lighting or appurtenances thereto.
"Person" means any person, firm, partnership, association, corporation, company, or
organization of any kind.
"Permittee" means any person holding a permit from the city for the performance of any
construction or excavation work within a right-of-way of the city.
"Right-of-way" means all public streets, alleys, and property granted or reserved for, or
dedicated to, public use for streets and alleys, together with public property granted or
reserved for, or dedicated to, public use for walkways, sidewalks, trails, shoulders, utilities,
drainage facilities, bike ways and horse trails, whether improved or unimproved, including the
air rights, subsurface rights, and easements related thereto.
"Work" means any construction or excavation within a right-of-way of the city.
12.40.020 Permit required.
It is unlawful for any person to perform any work in a city right-of-way without first having
obtained a permit therefor from the city, or to perform any work without complying with all
provisions of a permit issued by the city, except as otherwise provided in this chapter.
12.40.030 Permit-Limitation.
No application for a permit shall be received, nor shall any permit be issued, other than to a
licensed and bonded contractor of the state of Washington; provided that, if all work to be
done is outside the improved portions of city right-of-way, and the fair market value of the
work is equal to or less than three thousand five hundred dollars then a permit may be issued
to other than a licensed and bonded contractor.
12.40.060 Authority of the City.
Comment [k7]: JXK – maybe we should
specifically identify the Underground Utility Locate
Service that we require they use?
The City, by and through its director, shall have the authority to:
(a) Develop, adopt and carry out and administer the provisions of this chapter including but
not limited to, interpreting the chapter and issuing rules necessary for its
administration. The director may correct errors and omissions and is authorized to
adjust the amount of fees required by this code to be proportional to the scope of the
work for which the permit is required.
(b) Administer and coordinate the enforcement of this chapter and all procedures adopted
hereunder relating to the use of rights-of-way.
(c) Request the assistance of other city departments to administer and enforce this
chapter.
(d) Prepare and update as needed, the City’s Engineering Standards to establish minimum
requirements for the design and construction of the public right-of-way. The
Engineering Standards shall be consistent with this chapter and adopted city policies.
(e) Administer and enforce this chapter and all procedures relating to the planning,
acquisition, design, construction, inspection, maintenance, management, operation and
alteration of the public right-of-way, including capital improvements.
(f) Advise the city council, mayor, city administrator and other city departments and
commissions on matters relating to the public right-of-way.
(g) Carry out other responsibilities as required by this chapter or other city codes,
ordinances or regulations consistent with the Arlington Comprehensive Plan.
12.40.070 Right-of-Way Permit Required.
It is unlawful for any person to:
(a) perform any work in a city right-of-way without first having obtained a right-of-way
permit from the city, or
(b) perform any work not in compliance with all provisions in the Engineering Standards
and with all issued permits.
12.40.080 Permit Application.
(a) To obtain a right-of-way use permit, the applicant shall file an application with the
Engineering Division or other department designated by the director.
(b) Every application shall include the location of the proposed right-of-way use, a description
of the use, the planned duration of the use, applicant contact information, and all other
information which may be required as specified in procedures adopted hereunder, and shall be
accompanied by payment of the required fees.
(c) The director or his/her designee shall examine each application submitted for review and
approval to determine if it complies with the applicable provisions of this code and procedures
adopted hereunder. Other departments that have authority over the proposed use activity will
be required to review and approve or disapprove the application. The director or his/her
designee may inspect the right-of-way proposed for use to determine any facts which may aid
in determining whether a permit should be granted.
(d) If the director or designee finds that the application conforms to the requirements of this
code and procedures adopted hereunder, that the proposed use of such right-of-way will not
unduly interfere with the rights and safety of the public, and if the application has not been
disapproved by a department with authority, he/she may approve the permit, and may impose
such conditions thereon as are reasonably necessary to protect the public health, welfare and
safety and to mitigate any impacts resulting from the use.
(e) All applications for permits will be submitted 15 calendar days or more before the planned
need for the permit. If unforeseen conditions require expedited processing, the city will
attempt to facilitate as expedited review. Any costs to the city for this expedited review may be
charged to the applicant.
(f) Upon submittal of a completed application, the city shall collect from the applicant an
application fee as listed in the City’s fee resolution.
(g) If an application is denied, the applicant may appeal the denial by the public works director
to the Hearing Examiner city council. The city council shall review the application, to ascertain
that the denial is based upon nonconformance of the application with the terms of this chapter,
and/or a determination that the proposed work will interfere with the rights of the public in the
right-of-way.
12.40.090. Permit Limitation.
No right-of-way permit shall be issued, other than to a licensed and bonded contractor of the
state of Washington.
12.40.040 Permit-Application.
(a) A written application for the issuance of a permit shall be submitted to the public works
director, or his or her designee, on a form and in a manner required by the director.
(b) At a minimum, the application shall state the name and address of the applicant, the
nature, location and purpose of the work to be performed, the name of the person who will
perform the work, the date of commencement and date of completion of the work, and such
other data as may reasonably be required by the public works director.
(c) The public works director may require that the application be accompanied by plans and/or
specifications showing the extent of the proposed work.
12.40.050 Permit-Application processing.
(a) The public works director shall examine each application to determine if it complies with
the provisions of this chapter. The public works director shall cause to be inspected the
premises which are desired to be used, or otherwise ascertain any facts which may aid in
determining whether a permit shall be granted.
(b) If the public works director finds that the application conforms to the requirements of this
chapter, and that the proposed work will not unduly interfere with the right of the public in the
right-of-way, he may grant the permit.
(c) If an application is denied, the applicant may appeal the denial by the public works director
to the city council. The city council shall review the application, to ascertain that the denial is
based upon nonconformance of the application with the terms of this chapter, and/or a
determination that the proposed work will interfere with the rights of the public in the right-of-
way.
12.40.060 Permit-Fees and costs.
Comment [k8]: On the advice of counsel and the
insurance authority, we are recommending
changing this section to have appeals heard by the
Hearing Examiner.
The fee for each permit shall be set forth in a fee schedule to be adopted by motion or
resolution of the city council.
(1) Application and Processing Fee. A nonrefundable application and processing fee shall be
charged for each right-of-way use permit application that is accepted for processing, counter
service and record keeping.
(2) Reimbursement of Actual Expenses. When a permit is issued, the city may impose a charge
based on the actual cost to compensate for its time and expenses. These costs may include
street crews, signal crews, police and other city crews, if required to assist in the activity. A
refundable deposit or other security device may also be required. Costs of damage to city
property, or expense of assistance by city employees, may be deducted from the deposit,
charged against the security device, or billed to the permittee directly.
(3) Repair and Replacement Charges. If the city should incur any costs in repairing or replacing
any property as the result of the permittee's actions, the costs of repair and replacement shall
be charged to the permittee. These charges will be for the actual costs to the city.
(4) Waiver of Fees. Franchised utilities which must apply for permits because of city-initiated
construction projects may be granted a waiver of normal permit fees by the director. This
provision shall only apply to work that would not normally have been done by the utility.
12.40.070 Permit-Form.
(a) The city shall provide each permittee with a written permit.
(b) It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous
place at the site of the work.
(c) It is unlawful for any person to exhibit such permit at or about any excavation not covered
by such permit, or to misrepresent the number of the permit, or the date of the expiration of
the permit.
12.40.080 100 Permit-Exceptions.
The following work shall not require a permit:
(1a) A right-of-way use permit shall not be required of utilities or franchised utilities when
responding to emergencies that require work in the right-of-way, such as water or sewer main
breaks, gas leaks, downed power lines or similar emergencies; provided, however, that the
department shall be notified by the responding utility or city contractor verbally or in writing, as
soon as practicable following the onset of the emergency. Nothing herein shall relieve a
responding utility or city contractor from the requirement to apply for a right-of-way use
permit within forty-eight (48) hours after beginning emergency work in the right-of-way.
(b) Any work performed by or under the direction of the public works director of the city,
including work performed by employees of the city or any person contracting with the city;
(2c) Any initial construction work within the right-of-way of a plat or subdivision for which the
council has given approval.
12.40.060110 Permit- Fees, and Costs, and Reimbursement.
The fee for each permit shall be set forth in a fee schedule to be adopted by motion or
resolution of the city council.
(1a) Application and Processing Fee. A nonrefundable application and processing fee shall be
charged for each right-of-way use permit application that is accepted for processing, counter
service and record keeping.
(2b) Reimbursement of Actual Expenses. When a permit is issued, the city may impose a
charge based on the actual cost to compensate for its time and expenses. These costs may
include street crews, signal crews, police and other city crews, if required to assist in the
activity. A refundable deposit or other security device may also be required. Costs of damage to
city property, or expense of assistance by city employees, may be deducted from the deposit,
charged against the security device, or billed to the permittee directly.
(3c) Repair and Replacement Charges. If the city should incur any costs in repairing or
replacing any property as the result of the permittee's actions, the costs of repair and
replacement shall be charged to the permittee. These charges will be for the actual costs to the
city.
(h) Liability for damage to streets.
(1) The permittee will be responsible for all damage of any kind to the sidewalks,
streets, or highways of the city as a result of performance of work under the terms
fo the permit granted pursuant to this chapter, including damage done by mobile
equipment required to be present at the site.
(2) All damage shall be repaired by the permittee in accordance with the Engineering
Standards and to the approval of the city.
(3) If, upon being ordered to repair damage, the permittee fails to furnish the necessary
labor and materials for the repairs, the city shall have the authority to cause such
labor and materials to be furnished by the city and the cost shall be charged against
the permittee.
(e)(i) Excess Inspection Costs. The city may incur extra costs of inspection for certain permits
that require more than the usual number of inspections. These costs may be incurred
because of situations related to observed quality of work, traffic problems, schedule
problems, or the cooperation of the permittee. Excess inspection fees will be charged based
on the hourly rate as specified by the city’s fee resolution.
(4f) Waiver of Fees. Franchised utilities which must shall apply for permits because offor all
city-initiated construction projects and may be granted a waiver of normal permit fees by the
director. This provision shall only apply to work that would not normally have been done by the
franchised utility.
12.40.070120 Permit- Form.
(a) The city shall provide each permittee with a written permit.
(b) It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous
place at the site of the work.
(c) It is unlawful for any person to exhibit such permit at or about any excavation not covered
by such permit, or to misrepresent the number of the permit, or the date of the expiration of
the permit.
12.40.130. Construction or modifications to the public right-of-way.
(a) General. When constructing or modifying the city’s right-of-way, compliance is required with
this code, Engineering Standards, Standard Specifications for Road, Bridge and Municipal
Construction issued by the Washington State Chapter of the Americaln Public Works
Association and Department of Transportation, (current edition), the approved permit, plans
and specifications, the terms of any extension agreements, the recommendations of the
manufacturer foof the materials or equipment used and any applicable local, state or federal
requirements.
(b) Failure to Complete Work or Meet Requirements.
(1) If the contractor or person doing the work fails to rectify any problems following
notification by the city; and the work, in the opinion of the city, constitutes a hazard to
public safety, health or the public right-of-way.
(2) The city may complete right-of-way construction begun by a permittee property
owner or contractor, or take steopssteps to restore the site (such as backfilling trenches
and restoring the public right-of-way) if the work does not meet the requirements of
this code, the Engineering Standards, and other applicable city requirements.
(3) Costs incurred pursuant to AMC 12.40.110(c) shall be accrued and charged to the
responsible parties which may be the permittee, owner or contractor in charge of such
work. The responsible parties shall pay the city immediately after written notification is
delivered to the responsible parties or posted at the location of the work. Such costs
shall constitute a civil debt owing to the city jointly and severally by such persons who
have been given notice as herein provided. The debt shall be collectable in the same
manner as any other civil debt owing the city.
(4) If, in the opinion of the director, the work being performed is not in accordance with
these codes or engineering standards and the permittee is unwilling to change or
correct the deficiencies, the director may issue a stop work order until the deficiencies
are corrected.
(c) Additional Right-of-Way Construction Requirements.
(1) The right-of-way permit shall be readily available at the job site at all times. No
inspections will be completed if the permit is not available.
(2) In the interest of public safety, the director may require the permittee to perform
the work at different times of day, with larger crews, or for longer hours than would
normally be required. The permittee shall not hold the city responsible for any extra
costs that may be incurred to these circumstances.
(d) Adjoining property protection requirements.
(1) The permittee, at all times, at their expense, preserve and protect from injury any
public or private property adjoining the location of the work, by taking all necessary
measures for such purposes.
(2) If it is necessary for the proper performance of the work that adjoining property be
entered, the permittee shall obtain a license, construction easement, or other written
permission from the owner of such property for such purposes. Such license or
permission shall be presented to the director, as a portion of the application for the
permit, and the director shall not issue a permit until such time as all necessary licenses
have been obtained and presented.
(e) Utility facilities protection requirements.
Comment [k9]: Incomplete statement
(1) Permittee shall not interfere with any existing utilities without the written consent of
the utility company or person owning the utility.
(2) The permittee shall call the regional utility locating company (1-800-424-5555), prior
to commencing work to establish the location of all underground utilities, and protect
the same against damages, in accordance with the provisions of this chapter.
(f) Preservation of monuments. The permittee shall not disturb any survey monuments or
markers found in the line of excavation work until authorized to do so by the director. All street
monuments, property corners, bench marks and other monuments disturbed during the
progress of the work shall be replaced by a licensed surveyor, at the expense of the permittee,
to the satisfaction of the director or his/her designee.
12.40.140 Utility Relocation
Whenever the city undertakes or approves the construction of any sewer, water, or storm
drainage system improvement (eight-inch line, inside diameter or larger) or other street
improvement project including, but not limited to: installation of traffic signals, street lights, I-
NET system, sidewalks and pedestrian amenities, wherein the facility so constructed or
approved is or shall become, by gift, transfer, dedication or otherwise, a public facility owned,
maintained or operated by the city, and such project necessitates the relocation of any utility
company’s then existing facilities, the city shall:
(a) Provide such utility company written notice requiring such relocation at least ninety (90)
days prior to the commencement of such improvement project; and
(b) Provide such utility company with copies of pertinent portions of the plans and
specifications for such street improvement project so that such utility company may
relocate its facilities to accommodate such improvement project.
12.40.150 Shared Use of Excavations.
If at any time, a utility company submits a permit request to excavate for installation of its
facilities, the city may request in writing that such utility company provide an opportunity to
install city facilities within the excavation; provided, that:
(a) Joint use shall not unreasonably delay the work of the utility company’s excavation; and
(b) Joint use is not prohibited by other state codes or by sound engineering practice; and
(c) Joint use shall be arranged and accomplished on terms and conditions satisfactory to
both parties; and
(d) To the extent reasonably possible, the utility company shall, at the direction of the city,
cooperate with the city and provide other private utility companies with the opportunity
to utilize joint or shared excavations in order to minimize disruption and damage to the
right-of-way as well as to minimize traffic-related impacts. In the event the city directs a
utility company to utilize joint or shared excavations with another utility company, then
such utility company shall install facilities supplied by the city in such utility company
agrees that there is a commensurate cost savings to them.
12.40.160 Debris and spilled loads in the right-of-way.
(a) Whenever it is necessary for the safety of the public, the city may remove any
obstructions, hazards or nuisances from rights-of-way; and anyone causing the
obstructions, hazards or nuisances shall be responsible for reimbursing the city for the
expense of such removal.
(b) The owner or operator of any vehicle which has spilled, dropped, dumped, or in any
manner whatsoever deposited any matter upon the right-of-way shall cause the right-
of-way to be cleaned to the satisfaction of the city. Upon failure to do so the city may
cause to have cleaned the right-of-way and the costs thereof shall be charged to the
person(s) responsible. The city has the authority to designate haul routes and time of
day for operations involving hauling over public rights-of-way.
(c) Earth-hauling contractors, builders, or anyone else utilitzingutilizing vehicles upon
rights-of-way shall provide persons or equipment to keep the right-of-way clean at all
times to the satisfaction of the city. Upon failure to do so, the city may issue an
immediate stop work order, revoke city permits, and the responsible person(s) may be
directed to immediately clean the right-of-way to the satisfaction of the city. The city
may also cause to have the right-of-way cleaned and charge the costs thereof to the
responsible person(s).
12.40.170 12.40.120 Traffic routing and safety.
(a) Warning lights, safety devices, signs and barricades shall be provided on all rights-of-way
when at any time there might be an obstruction or hazard to vehicular or pedestrian traffic. All
obstructions on rights-of-way shall have sufficient barricades and signs posted in such manner
as to indicate plainly the danger involved. Warning and safety devices may be removed when
the work for which the right-of-way use permit has been granted is complete and the right-of-
way restored to the conditions directed by the department.
(b) As a condition of the issuance of any right-of-way use permit, the director or designee may
require an applicant to submit a traffic detour plan showing the proposed detour routing and
location and type of warning lights, safety devices, signs and barricades intended to protect
vehicular or pedestrian traffic at the site for which the right-of-way use permit is may be
requested. If a traffic plan is required, no right-of-way use permit shall be issued until the traffic
plan is approved.
(c) Unless otherwise specified in adopted right-of-way use procedures, The current editions of
the following standards or manuals shall apply to the selection, location and installation of
required warning and safety devices; provided that, the director or designee may impose
additional requirements if site conditions warrant such enhanced protection of pedestrian or
vehicular traffic:
(1) Manual of Uniform Traffic Control Devices for Streets and Highways;
(2) Development standards of the department of public worksEngineering Standards;
(3) Part VIII, "Regulations for Use of Public Streets and Projections over Public Property,"
Uniform Building CodeInternational Building Code regulations.
(d) Any right-of-way use permit that requires a partial lane or street closure may require a
certified flagger, properly attired, or an off-duty police officer for the purpose of traffic control
during the construction. The use of police officers is mandatory for manual control of traffic at
signalized intersections.
(e) All decisions of the director or his/her designee shall be final in all matters pertaining to the
number, type, locations, installation, and maintenance of warning and safety devices in the
public right-of-way during any actual work or activity for which a duly authorized right-of-way
use permit has been issued.
(f) Any failure of a permit holder to comply with the oral or written directives of the director or
his/her designee related to the number, type, location, installation or maintenance of warning
and safety devices in the public right-of-way shall be cause for correction or discontinuance
revocation of the right-of-way use permit as provided in this chapter.
12.40.190180 Inspections.
(a) The public works director, or his/her designee, shall make such inspections as are
reasonably necessary in the enforcement of this chapter. As a condition of issuance of any
permit or authorization which requires approval of the department, each applicant shall be
required to consent to inspections by the public works department or any other appropriate
city department.
(b) Fees for more than two inspections shall be charged in accordance with the current city fee
resolution.
12.40.190 Renewal of Permits.
As indicated on the right-of-way use permit, each permit shall be issued for a specific duration
and may not be renewed. If continued use of the right-of-way is desired by the permittee after
expiration of a permit, they must apply for a new permit.
12.40.090 200 Performance bond or securityAssurance Device.
(a) If the director determines that there is a potential for injury, damage, or expense to the city
as a result of damage to persons or property arising from an applicant's proposed use of any
right-of-way, or as a result of the city's need to assure the adequate performance of or
maintenance to the repairs and restoration completed, the applicant shall be required to make
a cash deposit, or to provide an security assurance device or insurance in a form acceptable to
the director or designee for the activities described in the subject permit. The amount of the
deposit, security assurance device, or insurance shall be determined by the director or his or
her designee, or as specified in the Engineering Standards.
(b) The requirements for performance deposits, security devices, and to provide an assurance
device or insurance are based on considerations of the permittee's applicant’s prior
performance, permittee's ability to pay, nature of the proposed use, costs of the activity, length
of use, public safety, potential damage to right-of-way, and potential liability or expense to the
city.
(c) In each case where the city requires or allows an applicant to provide an assurance device,
the director shall determine the type of assurance device that will be used. The assurance
device may be an aassignment of funds, cedrtificate of deposit, performance bond, or other
readily accessible source of funds.
(d) If after the date by which the required work or improvements are to be completed under a
performance assurance device, the director determines that the conditions of the permit have
not been complied with, the directory shall notify the applicant. The notice must state:
(1) The work that must be done or the improvement that must comply with the
conditions of the permit and the assurance device; and
(2) The amount of time that the applicant has to commence and complete the required
work or improvements; and
(3) That, if the work or improvements are not commenced and completed within the
time specified, the city will use the proceeds of the assurance device to have the
required work or improvements completed.
(e) If the work or improvements covered by the assurance device are not completed within the
time specified in the notice given under 12.40.200(d), then the city shallmay obtain the
proceeds of the device and do the work or make the improvements , by usinguse procurement
procedures established by law, have a contractor do the work or make the improvements.
(f) If at any time the director determines that actions or inaction associated with any permit for
which an assurance device exists have created an emergency situation endangering the public
health, safety, or welfare, creating a potential liability for the city, or endangering city streets,
utilities, or property; and if the nature or timing of such an emergency precludes the
notification of applicants as provided in 12.40.200(d) while still minimizing or avoiding the
effects of the emergency, the city may use the assurance device to correct the emergency
situation. The city may have employees of the city do the work or make the improvements, or
may have a contractor do the work or make the improvements. If the city uses the assurance
device as provided by this section, the applicant shall be notified in writing within four (4) days
of the commencement of emergency work. The notice must state the work that was completed
and the nature or timing of the emergency that necessitated the use of the surety device
without prior notification.
(g) The permittee is responsible for all costs incurred by the city in doing the work and making
the improvements covered by the assurance device. The city shall release or refund any
proceeds of a performance device remaining after subtracting all costs for doing the work
covered by the device. The permittee shall reimburse the city for any amount expended by the
city that exceeds the proceeds of the device. The city shall have a claim against the permittee
for the amount of any excess.
(h) In each case where the city uses any of the proceeds of the device, it shall give the
permittee an itemized statement of all proceeds and funds used.
12.40.100 210 Hold harmless.
As a condition of permit issuance, a permittee shall agree to defend, indemnify and hold
harmless the city, its officers, employees and agents, from and against any and all suits, claims
or liabilities arising out of or in any way connected with, the performance by the permittee of
any work within the rights-of-way of the city pursuant to the issued permit.
12.40.110 Work-Applicable standards.
Except as otherwise provided in this chapter, all work performed pursuant to a permit issued
pursuant to this chapter shall be done in accordance with the "Standard Specifications for Road,
Bridge and Municipal Construction" issued by the Washington State Chapter of the American
Public Works Association and Department of Transportation, current edition, except where
modified by the city Public Works standards as adopted, including the submittal of as-built
plans.
12.40.120 Traffic routing and safety.
(a) Warning lights, safety devices, signs and barricades shall be provided on all rights-of-way
when at any time there might be an obstruction or hazard to vehicular or pedestrian traffic. All
obstructions on rights-of-way shall have sufficient barricades and signs posted in such manner
as to indicate plainly the danger involved. Warning and safety devices may be removed when
the work for which the right-of-way use permit has been granted is complete and the right-of-
way restored to the conditions directed by the department.
(b) As a condition of the issuance of any right-of-way use permit, the director or designee may
require an applicant to submit a traffic detour plan showing the proposed detour routing and
location and type of warning lights, safety devices, signs and barricades intended to protect
vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a
traffic plan is required, no right-of-way use permit shall be issued until the traffic plan is
approved.
(c) Unless otherwise specified in adopted right-of-way use procedures, the current editions of
the following standards manuals shall apply to the selection, location and installation of
required warning and safety devices; provided that, the director or designee may impose
additional requirements if site conditions warrant such enhanced protection of pedestrian or
vehicular traffic:
(1) Manual of Uniform Traffic Control Devices for Streets and Highways;
(2) Development standards of the department of public works;
(3) Part VIII, "Regulations for Use of Public Streets and Projections over Public Property,"
Uniform Building Code.
(d) Any right-of-way use permit that requires a partial lane or street closure may require a
certified flagger, properly attired, or an off-duty police officer for the purpose of traffic control
during the construction.
(e) All decisions of the director or designee shall be final in all matters pertaining to the
number, type, locations, installation, and maintenance of warning and safety devices in the
public right-of-way during any actual work or activity for which a duly authorized right-of-way
use permit has been issued.
(f) Any failure of a permit holder to comply with the oral or written directives of the director or
designee related to the number, type, location, installation or maintenance of warning and
safety devices in the public right-of-way shall be cause for correction or discontinuance as
provided in this chapter.
12.40.130 Adjoining property protection requirements.
(a) Permittee shall, at all times, at his expense, preserve and protect from injury any public or
private property adjoining the location of the work, by taking all necessary measures for such
purposes.
(b) If it is necessary for the proper performance of the work that adjoining property be
entered upon, the permittee shall obtain a license or other permission from the owner of such
property for such purposes. Such license or permission shall be presented to the public works
director, as a portion of the application for the permit, and the public works director shall not
issue a permit until such time as all necessary licenses have been obtained and presented to
him.
12.40.140 Utility facilities protection requirements.
(a) Permittee shall not interfere with any existing utilities without the written consent of the
utility company or person owning the utility.
(b) The permittee shall inform itself, prior to commencing work, as to the existence and
location of all underground utilities, and protect the same against damages, in accordance with
the provisions of this chapter.
12.40.150 Preservation of monuments.
The permittee shall not disturb any survey monuments or markers found on the line of
excavation work until ordered to do so by the public works director. All street monuments,
property corners, bench marks and other monuments disturbed during the progress of the
work shall be replaced by a licensed surveyor, at the expense of the permittee, to the
satisfaction of the director or designee.
12.40.160 Liability for damages to streets.
(a) The permittee will be responsible for all damage of any kind to the streets or highways of
the city as a result of performance of work under the terms of the permit granted pursuant to
this chapter, including damage done by mobile equipment required to be present at the site.
(b) All damage shall be repaired by the permittee.
(c) If, upon being ordered to repair the damage, the permittee fails to furnish the necessary
labor and materials for the repairs, the city shall have the authority to cause such labor and
materials to be furnished by the city and the cost shall be charged against the permittee.
12.40.170 Work to be performed promptly.
The permittee shall prosecute with diligence and expedite all work, and shall promptly
complete such work and restore the street in accordance with the provisions of this chapter, as
soon as practicable, and in any event, not later than the date specified in the permit.
12.40.180 Urgent work.
If, in the judgement of the public works director, traffic conditions, the safety or convenience of
the traveling public, or the public interest require that the excavation work be performed in a
shorter period than otherwise possible, the public works director may order, at the time the
permit is granted, that a crew of men and adequate facilities be employed by the permittee
greater than eight hours per day, to the end that such excavation work may be completed as
soon as possible.
12.40.190 Inspections.
The public works director shall make such inspections as are reasonably necessary in the
enforcement of this chapter. As a condition of issuance of any permit or authorization which
requires approval of the department, each applicant shall be required to consent to inspections
by the public works department or any other appropriate city department.
12.40.200 220 Limitation of liability.
This chapter shall not be construed as imposing upon the city or any official or employee any
liability or responsibility for damages to any person injured with the performance of any work
for which a permit has been issued. The city and its officials or employees shall not be deemed
to have assumed any liability or responsibility by reason of inspections authorized hereunder,
the issuance of any permit, or the approval of any work.
12.40.230 Appeal of right-of-way use procedures and related requirements.
Any applicant who questions the specific department procedures, requirements or directives
related to the private use of the public right-of-way may request in writing that the director
grant relief from the requirement or grant an alternative interpretation of the requirement. The
director will decide upon such written requests within ten (10) working days. Changes to
requirements may be granted if they improve safety, reduce costs, reduce schedule, or improve
quality.
12.40.210 240 Violation-Penalty.
(a) The violation of or failure to comply with any provision of this chapter is declared to be
unlawful.
(a)(b) In addition to or as an alternative to any other penalty provided by this chapter
or by law, any person violating any provision of this chapter is guilty of a misdemeanor,
and shall be punished by a fine not to exceed five hundred dollars. Each day that a
violation continues shall constitute a separate offense.
Chapter 12.44 TRUCK ROUTE
Sections:
12.44.010 Purpose.
12.44.020 Definitions.
12.44.030 Restrictions--Operation of trucks, truck tractors, truck-trailers or truck semi trailer
combinations.
12.44.040 Authorized routes--Operation of trucks, truck tractors, truck-trailers or truck semi
trailer combinations.
12.44.050 Compression brakes.
12.44.060 Violations.
12.44.010 Purpose.
The purpose of this chapter is to regulate the kinds and classes of traffic on certain streets
within the city in order to promote the efficient movement of vehicles while preserving the
integrity of residential communities. It is also the purpose of this chapter to restrict truck traffic
in the city to the maximum extent possible to the state highway system or to authorized truck
routes and to prohibit truck traffic on city arterials and streets except where no alternative
state highway route or authorized truck route is available.
12.44.020 Definitions.
Terms used within this chapter shall have the following meanings:
(1a) "Arterial" means that term as now or hereafter designated on the city's transportation
classification systems as defined in the transportation element of the city's comprehensive
plan.
(2b) "Hazardous cargo" means "hazardous materials," as defined in RCW 70.136.020(1), as
now or hereafter amended.
(3c) "Residential area" means those areas defined as "residential district" in RCW 46.04.470, as
now or hereafter amended.
(4d) "Semi trailer" means that term as defined in RCW 46.04.530, as now or hereafter
amended.
(5e) "Trailer" means that term as defined in RCW 46.04.620, as now or hereafter amended.
(6f) "Truck" means "motor truck," as defined in RCW 46.04.310, as now or hereafter amended.
(7g) "Truck tractor" means "tractor," as defined in RCW 46.04.650, as now or hereafter
amended.
(8h) "Vehicle" means that term as defined in RCW 46.04.670, as now or hereafter amended.
(9i) "Solid waste vehicle" means vehicles operated by or contracted to operate by the city or
Snohomish County for the purpose of collection of waste associated with the operation of a
solid waste utility.
(10j) "Recreational vehicle" means those vehicles defined as a "camper," "motor home" or
"travel trailer" in RCW 46.04.085, RCW 46.04.305, and RCW 46.04.623 as now or hereafter
amended.
12.44.030 Restrictions--Operation of trucks, truck tractors, truck-trailers or truck semi trailer
combinations.
No truck, truck tractor, truck and trailer combination or truck tractor and semi trailer
combination, except recreational vehicles, shall operate on any city street other than an
authorized route under AMC 12.44.040, unless traveling to or from a destination within the city
limits of the city of Arlington.
12.44.040 Authorized routes--Operation of trucks, truck tractors, truck-trailers or truck semi
trailer combinations.
All trucks, truck tractors, truck and trailer combinations, truck tractor and semi trailer
combinations over eight feet in width, over thirty feet in length, or over thirty-two thousand
pounds licensed gross weight, and all vehicles transporting hazardous cargo, shall be restricted
to the state highway system or to one of the following authorized routes while traveling to or
from locations within the city; provided, when such locations are not immediately adjacent to a
state highway route or an authorized truck route, vehicles described in this section shall use the
shortest and most direct city arterial route between the nearest highway route or authorized
truck route and such departure location or destination location, and such vehicles may not use
city non-arterial streets except when traveling directly between such locations and the nearest
arterial highway or authorized truck route:
Route 1: SR 9 within the corporate limits of Arlington.
Route 2: SR 531 (172nd Street NE) within the corporate limits of Arlington.
Route 3: SR 530 within the corporate limits of Arlington.
Route 4: Smokey Point Blvd. from south city limits to SR 530.
Route 5: 59th Avenue NE from south city limits to 195th Street NE.
Route 6: 195th Street NE from 59th Avenue NE to 63rd Avenue NE.
Route 7: 63rd Avenue NE from 195th 197th Street NE to 197th 188th Street NE.
Route 8: 197th Street NE from 63rd Avenue NE to 67th Avenue NE.
Route 9: 67th Avenue NE from south city limits to Lebanon Street.
Route 10: West Avenue from Lebanon Street to Division Street.
Route 11: Division Street from SR 9 to West Avenue.
Route 12: 188th Street NE from Smokey Point Blvd. to 47th Avenue NE.
Route 13: 47th Avenue from 188th Street NE to 198th Street NE (Cemetery Road).
Route 14: 198th Street NE (Cemetery Road) from 47th Avenue NE to 67th Avenue NE.
Route 15: 204th Street from 67th Avenue NE to SR 9.
Route 16: 204th/209th Street Corridor from SR 9 to Stillaguamish Avenue (Burn Road).
Route 17: Stillaguamish Avenue (Burn Road) from 209th Street NE to city Limits.
Route 18: 51st Avenue NE from 172nd Street NE to southern city limits.
Route 19: 211th Place NE from SR 530 to 67th Avenue NE.
12.44.050 Compression brakes.
No person shall use motor vehicle brakes which are in any way activated or operated by the
compression of the engine of any such motor vehicle or part thereof. It shall be an affirmative
defense that said compression brakes were applied in an emergency and were necessary for
the protection of persons or property. This section shall not apply to emergency vehicles.
12.44.060 Violations.
Unless another penalty is expressly provided herein, any person violating any provision of this
chapter shall be found to have committed a traffic infraction and shall be punished by a penalty
of one hundred and seventy-five dollars. In addition to any penalty for violation of the
provisions of this chapter, such violator shall be liable in a civil action instituted in the name of
the city for any damages occasioned to any city street as the result of such violation.
CHAPTER 12.48 SIDEWALK & ROADSIDE MEMORIALS -- NEW
12.48.010 Sidewalk & Roadside Memorials.
12.48.010 Sidewalk & Roadside Memorials.
Sidewalk and roadside memorials may remain within city rights-of-way for a period up to 90
days after the accident or event. After such time, the memorials will be removed by the city
public works department; provided, however, that such memorials may be removed sooner if,
in the judgment of the public works director or his/her designee, the roadside or sidewalk
memorials present an unsafe risk or if a planned road or sidewalk project requires the removal
of obstructions in the right-of-way.